Journal of the Senate of the State of Georgia, at the biennial session of the General Assembly commenced at Atlanta, Ga., Nov. 1, 1882

.:iW~ 'i.~:

;\

~

JOU~NAL -

OF
THE SENAT' E

OF THE

STATE OF GEORGIA,

AT THE
BIENNI-AL SESSION

. OF l'HE

GENERAL ASSEMBLY

-~
..

COM~IENCED Al'

ATLANTA, GA., NOV~ 1, 1882.

ATLANTA GA.; JAs. P. IiAimrsoN & Co., STATE PRINTERs,
1883. .


JOURNAL.

WEn~ESDAY,SENNoAvTeEmCbHerAM1,B1E8R8, 2A,T1L0AoN'TcAlo, c

GA., l k A.M.}

At the hour of 10 o'clock, ,A.M., this day, the Senate elect was called to order by Hon. Wm. A. HatTis, Secretary of the last Sl'nate.
On the call of the roll the following Senators answered to their names, to-wit : The Hons. Messrs

Baker, Heal, Boynton, Bush, Davis,,..
DeWolf, DuBignon,
Eakes,
Foster, Fredmick, Georgt>, Greer, Gustin, Guyton, Harris,

Hoyt, Hughes, ,Jones,
Knight, Lamar, Livingston,
Mandeville,
Martin, :McAfee,
l'tlcDonald,
1\Iorgan, Neal, Norman,
Oliver, l'oW

Parker, Parks, Paull, Peeples, Pike, Pol hill, Rouse,
~mith,
Tatum, Thompson, Tntt,
,V,dker,
Wilcox,
Yow.

A quorum was found present.

At the request of the Secretary, prayer was offered by

the Hev. D. Shaver, D. D.

.

Senators came forward in the numerical order of their

districts as their name:; were called, and took the prescrib-

ed oath, the same being admini:otered by the Hon. C. J.

Wellborn, Judge of the Northeastern Judicial Circuit,

4

JOURNAL OF THE SENATE.

whereupon the Secretary announced the election of a Pres-

ident the business next in order, and that nominations

therefor would be received.

Mr. Parks, of the lith District, presented the name of

the Ron. Jas. S. Boynton, of the 26thDistrict, which nom-

ination was seconded by the Hon. Mr. Tntt, of the 29th

District.

Mr. Lamar, of the 14th District, placed in nomination

the Hon. Fleming G. DuBignou, of the 20th District,

whi<;h was seconded by the Hon. Mr. Greer, of ~he 41st

District.

Mr. DuBignon declined election, and, by his request, Mr.

Lamar withdrew his name.

There being no other nomination, the Secretary proceed.

ed with the call of the roll for the election of a P1 e~ident.

On casting up the vote it appeared that the Hon. Jas. S.

Boynton, of the 26th District, had received 42 votes, which

being the whole number of votes east and a majority of

the Senate, he was declared by the Secretary to be duly

elected President of that body.

'

On motion of Mr. Gustin, of the 22d District, a commit-

tee of three was appointed to inform the President of his

election and conduct him to the chair.

The Secretary appointed Messrs. Gustin, DuBignon and

Livingston as the committee.

The President being conducted to the chair, addressed

the Sen.ate, and at the conclusion of his remarks he an-

nounced as in order the election of a Secretary, and that

nominations for that office would be received.

Mr. DuBignon placed m nomination for Secretary of the

Senate the Hon. W m. A. Harris, of the county of Worth.

There being no other nomination, the Secretary pro tern

of the last Senate proceeded to call the roll for the election

ol a Secret.ary.

On ca.sting up the vote it appeared that the Hon. W m.

A. Harris had recei'\'ed 43 votes, which being the entire

..

/

WEDNESDAY, NovEMBER 1, 1882~

5

vote cast and a majority of the Senate,he was by the President declared duly elected Secretary of the Senate. ,
The Hon. W m. A. Harris, Secretary, and the Ron. H. H. Cabaniss, Assistant Secretary, by request of the President, presented themselve!t, when he administered to them the prescribed oath of office.
The President announced as the busin~ss next in order the election of a Messenger, and that nominations would be received therefor.
Whereupon Mr. Tntt, of the 29th District, put in nomination the Hon. A. J. Cameron, of the county of elfair, and the Hon. Mr. Hoyt, of the 35th District, nominated Mr. W. D. Paris, of the county of Fulton. These being the only nominations, the Secretary proceeded to call the roll for the election of a Messenger.
On casting up the vote it appeared that Mr. W. D. Paris had received 19 votes, and the Hon. A. J. Cameron had reeeived 24: votes.
The Hon. A. J. Cameron, of the connty of Telfair, having received a majority of all the votes cast, the same being
oe a majority of the Senate, he was declared to duly elected
Messenger. The election of a Doorkeeper being next in order, the
President announced that nominations t4erefor would be received, whereupon M1. Parks, of the 11th District, nominated the Hon. Lemuel J. Allred,of the county of Pickens. Mr. Martin, of the 36th District, nominated Mr. A. R. Stamps, of the oounty of Coweta, and Mr. Hoyt, of the 36tn District, nominated Mr. E. C. Murphey, of the county of Fulton.
There being no other names presented, the Seeretary proceeded to call the roll for the election of a Doorkeeper.
On casting up the vote it appeared that Mr. A. R. Stamps had received 3 votes, Mr. E. 0. lfurphey 11 votes, and the Ron. Lemael J. Allred 29 votes.
Mr. Allred having received a majority of the votes cast,

6

JOURNAL OF THE SENATE.

and same being alsoa majority of the Senate, he was declared duly elected Doorkeeper.
The Senate, on motion, proceeded to elect a President
protem. The Ron. J. H. Polhill, of the 18th District, was placed
in nomination for this position by the Hon. M.. Parks, of the llth Distric.t. There being no other nomination, the Secretary proceeded with the call of the roll for the election of a President pro tem.
On casting up the vote it appeared that the Ron. J. H. Polhill had received 42 votes. The same being a majority of all the votes cast, and also a majority of the Senate, he
was declared duly elected President pro tem.
The Senators proce~ded to draw for their seats, which having been done, Mr. Hoyt offered the following resolution, which was read and agreed to, to-wit:

Resolved, That the Secretary be directed to inform the House of Representatives that. the Senate has organized by the election of Ron. James S. Boynton, President, Hon. J. H. Polhill, Ifesident pl'o tem., William A. Harris, Secretary, and H. H. Cabaniss, Assistant Secretary, .A. J. Cameron, Messenger, and L. J. Allred, Doorkeeper.

Mr. Lamar offered the following resolution,which was read and agreed to, to-wit :

Resolved, That reporters of the press be invited to seats on the floor of the Senate.

Mr. George offered the following resolution, which was

l}

read and agreed to; to-wit: Resolved, That a committee of three be appointed by

I the President to select and present to the Senate the name
J of some minister to serve the Senate during the present ses-

- sion in the capacity of Chaplain.
'
I
I
1,

I

'VEDNESDAY, NovEMBER 1, 1882.

7

The President announced Messrs. George, Parks and Davis as the committee under the foregoing resolution.
Mr. Parks offered the following resolution, which was read and agreed to, to-wit:

Resolved, That a committee of five, including the President of the Senate, be appointed for the purpose of reporting rules for the government of the Senate; and that until such rules shall be adopted, the rules of the last Sen~ ate ~hall be in fo1ce.

The committee under this resolution consists of Messrs. Boynton (the President), Parks, Polhill, Gustin and DuBignon.
By resolution of Mr. Hoyt, the Ron. L. W. Grant, member of the Senate of Alabama, was tendered a seat in the Senate during his stay in this city.
On motion of Mr. DuBignon, the Senate took a recess until 12 o'clock, M.
At the expiration of the period of recess, the President resumed the chair~ and called the Senate to. order.
The following message was received frorn the House of Representatives through Mr. Hardin, the Clerk thereof:

'#M1. Prltsident:



The House of Representatives has perfected its organi-
zation by the election of Hon. Louis T. Garrard, Speaker,
Bon. Vv. R. Rankin, Speaker pro tem., Mark A. Hardin,
Clerk; Benton H. Miller, Doorkeeper; James M. Smith,
Messenger, and is ready for the business of the session.

Mr. George, chairman of the committee to select and ...present the name of some minister to serve the Senate in the capacity of Chaplain, made the following report, which was taken up, read and adopted, to-wit:

.-

8

JOURNAL OF THE SENATE.

Mr. President:

Your committee to whom was assigned the duty of

selecting a Chaplain for the Senate, beg leave to submit the

following report, to-wit:

After consulting together and ascertaining the wishes of

a number of tlenators, we herewith present the name of

the Rev. John Jones, D. D., as a suitable person to fill the

position of Chaplain during the present session of the

Senate.

CALVIN GEORGE, Chairman.

J. G. PARKS,
P. w. DAVIS.

Mr. Hoyt offered the following joint resolution, which was read and agreed to, to-wit:

Resolved by the Senate and House qf Representatz'ves,

That a committee of two from the Senate and three from

the House of Representatives, be appointed to wait on His

Excellency, the Governor, and inform him that the Gen- _,.

eral Assembly is now organized and ready to recei vc any

communication from him.

..

The President appointed as the committee under the foregoing joint resolution on the part of the Senat~ Messrs. Hoyt and Baker.
The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof:

.Mr. President:
The House of Representatives has adopted the following resolution, in which they ask the concurrence of the Senate, towit :
A resolution to appoint a committee of three from the4 HouEe of Representatives to act in concert with a com-
of mittee from the Senate, to inform the Governor of the
organization both branches of the General Assembly.

THuRsDAY, NovEMBER 2, 1882.

9

The committee on the part of the House consists of Me1:1srs. Pringle, Crenshaw and Rountree.
The resolution ~et forth in the foregoing mm;sage was taken np and concurred in.
The committee already announced on the part of the Senate, appointed by virtue of a similar resolution -of this body, consists of Messrt~. Hoyt and Baker.
Mr. Lamar offered the following resolution, which was read and agreed to, to-wit:

Resolved, That the hour of meeting of this body be 10 o'clock A. K and the hour of adjournment 1 o'clock 1. M., until otherwise ordered.

The Senate, on motion, adjourned until 10 o'clock A. M., to-morrow.

SENATE CHAMBER, Atlanta. Ga.. }
THURSDAY, November 2, 1882, 10 o'clock A.. M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by Rev. John Jones, D. D., the Chaplain of the Senate.
On the call of the roll, the following Senators answered to their names :

Baker, Beall, Bush, Davis, DeWolf, DuBignon, Eakes, Foster, Fredrick, George,
Gre"r, Gustin, Guyton, Harris, Hoyt,

Hughes, Jones, Knight, Lamar, Livingston, Mandeville, :Martin, McAfee, McDonald, Morgan,
Neal, Nurman, Oliver, Pllrker,

Parks, Paull, Peeples, P1ke, Pol hill, Rouse, Smith, Tatum, Thompson, Tutt, Walker, Wilcox, Y'lw, Ma. PRESIDENT.

10

JOURNAL OF THE SENATE.

The Journal was read and approved. Mr. Hoyt, chairman of the joint committee to wait upon the Governor, inform him of the organization and readiness of the General Assembly to receive any communication he might make, presented the following report:

Mr. President:
YO!U committee appointed to wait on the Governor, beg leave to report that they have performed that duty, and His Excellency informs us he will send in a communication this morning.
S. B. HoYT, Chairman, T. H. BAKER,
Committee on the part of tlte Senate.

Mr. Dn Bignon offered the fo~lowing joint resolution, which was taken up and read, to-wit :

Be it ordered by the Senate, the House conaurring therein, That a committee of ni.ne from the Senate and fifteen from the Honse of Representatives, be appoin~ed to prepare and report a bill looking to the re-districting of the State into ten Congressional di::>tricts, in accordance with the national census of 1880.

Mr. Livingston proposed to amend the resolution by striking out " nine" and inserting " ten."
Mr. Greer proposed to amend by providing that the committee consist of two Senators and three Representatives from each Congressional district.
M1. Tutt moved to amend by providing that the committee be composed of one Sen:.tor and two Representatives from each of the nine existing Congressional districs.
Mr. Lamar called for the previous question. The call was sustained and the main question put, viz :

THURSDAY, NoVEMBER 2, 1882.

11

The amendment of Mr. Livingston. Pending the vote on the same, the mover was permitted to withdraw it.
The amendment offered by M1. Greer, being next submitted to the Senate, was lost.
The amendment proposed by Mr. Tntt was adopted. The question recurring upon the resolution, as amended, the same was agreed to, and is as follows, towit :

Be it ordered by the Senate, the Hou8e Mncu1ring, Tl at a c01.1mittee composed of one Senator and two .Representatives from each of the nine existing Congressional districts, be appointed to prepare and report a bill looking to the redistricting of the State in accordance with _the national census o~ 1880.

This resolution was, on motion, ordered to be transmitted
to the House of Representatives without delay. The President announced, as the committee on the part
of the Senate under the foregoing resolution, Messrs. Meldrim from the 1st Congressional District, Mr. Parks from the 2d, Mr. Walker from the 3d, Mr. Neal from the 4th, Mr. Smith from the 5th, Mr. DuBignon from the 6th, Mr. Jones from the 7th, Mr. Morgan from the 8th, and Mr. George from the 9th.
The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof:

.Mr. Pre8ident:
The llouse of Representatives has adopted a resolution providing for a joint committee to report to this General Assembly what public offices are to be filled by election at this session, in which it asks the concurrence of the Senate.
The committee on the part of the House are Messrs. Reese of Wilkes, Jordan of Hancock, Falligant, Bartlett and Hulsey.
On motion of Mr. Jones the resolution mentioned in



12

JoURNAL OF THE SENATE.

the foregoing message was taken up, read and concurred in, and, on motion, ordered to be transmitted to the House. The President appointed Messrs. Jonet:, Davis and McAfee as the committee on the part of the Senate under the foregoing resolution from the Honse.
The following communication was received from His
Excellen(\y, the Governor, through Mr. Warren, his Secre-
tary, to-wit:

Mr. Presidvnt:
I am directed by His Excellency, the Governor, to deliver to the Senate a communication in writing, with accompanying documents.

The following message was re<'eived from the Honse of
Representatives, through Mr. Hardin, the Clerk thereof,
to-wit:

Nr. President:
The Hou~e has agreed to the following resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution appointing a committee of two from the Senate and five from the Houae to provide the necessary arrangem~nts for the inaugural ceremonies, and to this end said committee shall obtain some suitabh and commodious hall in the city of Atlanta in which the inaugnmtion of the Governor shall occur.

Mr. Hoyt offered the following joint resolution, which
was taken up, read and agreed to, to-wit:

Re.solved by the Senate and House qf Ilepresentatives, That, at 12 o'clock M., to-day, the members of each branch of the General Assembly do convene in the Repreeentative Hall for the purpose of opening and publishing the returns for Governor, a'> provided by law.





THURSDAY, NovEMBER 2, 1882.

13

The Secretary was directed to transmit the same to the Honse without delay.
The following messa~e was received from the Honse of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President:
The Honse has concurred in the following Senate resolution, to-wit:
A resolution providing for the opening and publishing
the returns for Governor at 12 o'clock M., to-day.

Mt. Parks offered the following resolution, which was read !lnd agreed to :
Resolved, That the rules for the govern meat of the General Assembly, when convened in joint session, as adopted and of force at the last session, be operative and effective at the present session, until otherwise ordered by the two houses.
Resolved furtlter, That a committee of three be appuinted by the President of the Senate, to confer with a committee of five to be appointed by the Speaker of the Honse, to report rules for the government of the two houses when in joint session.
On motion of Mr. Davis, the message of His Excellency, the- Governor, was taken up and read, and is as follows, to-wit:

To the General .A1111embly :
In transmitting this JBY final message to the legislative branch of the .!State Government in compliance with the requirements of law and custom, I perform the duty with the deepest gratitude to the Giver of all good, !J.nd with elated feelings in view of the state of our beloved Commonweal~h. we have never had better reason for congratulation

14

JOURNAL OF THE SENATE.



at our present condition, or fot hopefulness of the future of the State, than we may claim at this time. In our recent history our retrospect has often been of the saddest, while the prospect had but !.\Canty promise.
The strain to which out powms of endurance and recuperation were subjected, was such as to dispirit the most hopeful and re,;olute, and our deliverance from the ordeal that threatened to overwhelm and destroy us, seems to have been achieved by a wisdom above that of man.
Without arrogance or vain glory, let us rejoice that under the signal blessiP.g of Providence we are pressing on, to take our place abreast of the most advanced t:5tates in Christendom, and with an inten~e love of the arts of peace, and a generous emulation of oldet and more favored Commonwealths, we are establishing and diffuring among our citizens the most potent and beneficial agencies and methods for the development of the highe~t civilization.
We may justly claim for our State that in every department of our industry, our people are prospering and advancing. In our agticulture-in our mining ooerations-in the introduction and multiplication of mechanical establi:;hments-in the wonderful extension of out httllbet interests -in the marked improvement in the healthfulness of our State, we find the most substantial grounds fot ~elf-g-ratula tion.
And superadded to this cheering summary of material advantage and promise, we may felicitate our.,elves upon the general peacefulness and good order which have prevailed throughout the State. With a very few bu'. unhappily marked exceptions, the public tranquility has been undisturbed by outbreaks of violence, and there t'eems to be a pervading spirit of conciliation which has successfully resisted all unfriendly influences.
The Reports which are herewith transmitted to the General Assembly are of unusual interest and fullness, and

THURSDAY, NovEMBER 2, 1882.

15

would, if sent to your honorable body without comment, give a complete review of the public interests.
I, therefore, do not deem it important to make anv extended observations on what is so fully and satisfactorily presented by each officer of the Government, in the details presented of the operations of their special departments, and will, in as summary a manner as possible, refer to the subjects discussed in each Report.
THE STATE FI~ANCES.
The State Treasurer reports the total amount in the tteasnry from October 7, 1881, to September 30, 1882, the fiscal year just closed, to be $2,4113,976.61, and the di~bnrsements $1, 713,507.46, leaving a balance of $1190,472.15, of which $275,000 consists of bonds paid by the purchaser of the Macon and llrunswick railroad. Of these secmities $115,000 are State bonds and $160,000 U oited States registered bonds. The cancellation of the Srate bonds will extinguish that much of the public debt. The disposition of the United States registered bonds is a matter for the action of your body. The State debt is $9,624,135, with an annual interest of $645,440. The details of the receiptR and expenditures are given in the TreaEnrer's report with satisfactory fullness.
THE COMPTROLLER-GENERAL'S REPORT.
The comprehensive report of the Comptroller-General presents a ~ratifying account of the general condition of affairs in the State. The property of Georgia has increased from last year $16,255,150; the whole amount of taxable property being returned at $287,249,403. The Comptroller states that for the next two years the same low rate of taxation of three mills on the dollar, that we now have, will suffice for expenses. The increase last year was $18,977,611, the whole growth of wealth in two years running to $35,232,761, giving additional revenue, at the present tax, of $10b,698. The polls returned were 236,447. The tax levied

16

JoURNAL OF THE SENATE.

was $806,107.76, and tax collected $741,823.60, leaving the remarkably small sum of $64,284.16, to represent both the cost of collection and the insolvent tax. Among the interesting statistics disclosed are that the increase in manufactures during the year was $1,061,795; railroad property, $1,988,169; city and town property, $!,831,186, and a like ratio of improvement in many other particulars, demonstrating the gratifying development of the State.
'fHE PCBLIC SCHOOLS.
There has been a steady growth in our public schools, as is demonstrated by the report of the State School Commissioner herewith submitted. The school attendance for the year 1880 was not given in tte report of that year, as the statistics had not been obtained. In 1880 the attendance was 236,533-whites, 150,13!; colored, 86,399; increase over 1871:), 9,906. 1881 the attendance was 244,197; whites, 153,156; colored, 91,041; increase over 1880, 7,664. The attendance of 1882 cannot be given, as the echool work is in progress now. The entire sum, including poll tax, appropriated in 1881 for the common schools was $363,677.32. Under local laws there was raised by cities and counties $134,855.96, making the entire amount for the support of these schools in the State from all sonrces, $498,533.28. The State appropriation paid per capita on school population 8! cents: on enrollment $1.49; on average attendance $2.43. On the basis of both State and local school fnnd, viz: $498,533.28, the per capita estimate is $1.15 on school population ; $2.04 on enrollment, and $3.32 on average attendance.
In the year 1882, the State fond, estimating the poll tax the same as last yP.ar, will be $441,114.88. If the amount raised under local laws be the same as last year, viz: $134,855.96, the whole sum raised in the State would be $575,970.84, or over $77,000 increase. This would give per capita on school population, $1.13 ; on enrollment, $2.25; and on average attendance, $3.76.

THURSDAY, NovEMBER 2, 1882.

17

The school law requires that arrangements shall be made in every county for keeping schools in operation at least three months of the year, as a condition precedent to drawing the pro rata of the State school fund. These arrangements were made in every county in the State by having parents to enter into a contract to supplement the amount paid by the State, and thus the entire people of the Commonwealth have enjoye<l the benefits of the common schools, and every child has had the privilege of entering and remaining for the term.
The State School Commissioner recommends an increase of appropriation to run the schools for six months, and also to conduct Teachers' Institutes, where instructors can be trained in teaching. An account is given of the institute work already accomplished this year. The further recommendation is made for the establishment of one permanent Normal School for training white teachers, and it is SUI!,gested to convert the College at Milledgeville into such a school and use the public builrlings at that place in connection therewith.
The educational machinery of a great State like Georgia, is among its most vital and complicatet.l interestts. We instinctively look to the school-house and the temple for the most reliable helps to an advanced and prospe~ous state of society. It is of the first consequence to our people that our resources for the encouragement of learning and the promotion of an enlightened pnblic opinion, shall not be misappropriated or Waj!ted. With the utmost satisfaction I bear testimony to the zeal, unwearied industry and enlightened methods of our State School Commissioner. The official career of Dr. Orr, while it has achieved marked benefits for Georgia, has won for himself a distinguished name, and one that reflects honor on the St.l.te.
RAILROAD COMMISSION.
I would i'nvite the careful consideration of the Legislature to the accompanying report of the Railroad Commissioners.
2

18

JouRNAL oF 'tHE SENATE.

The establishment of this Department of the State Government was preceded by a very thorough and able discussion, and it would seem that it was demanded by a matured pub lie opinion. I bear willing testimony to the extensive re search, great ability and impartiality of the Board of Commissioners. From the character of the work which this Commission was organized to execute, it was natural to expect no small degree of opposition and friction in the orders that it might issue and the judgment it might pronounce. The degree of this opposition, however, we may conclude from the demonstrations made, has not been as violent or extended as we might have reasonably expected. The Georgia Railroad and Banking Company has made a case, h,volving the jurisdiction and powers of the Commission, which is now pending in our Supreme Court, and which will settle the constitutionality of the law creating the Commission. The Board is represented by gentlemen of wide and unexceptionable reputation for integrity and ability, and it would seem to be the part of wisdom and justice to give the Commission a fair test and to adjust our estimate of its value to the State by the results of its administration. Before dismissing this subject, I feel it to be my duty to ask the General Assembly to take into consideration the ~ecommendation of the Commissioners in regard to the salary of the Secretary of the Commission. Major Bacon has acquitted himself most creditably in the discharge of hie duti~s as Secretary, both by his ability and industry, and I would add my recommendation that he should receive a E'alary more commensurate to the amount and character of his services.
THE OOMMISSIO:NER OF AGRICULTURE.
The State Commissioner of Agriculture has made a report, which is herewith transmitted to your body, embracing the operations of two yearS of his department from October 1st, 1889 to October 1st, 1882. Many of the details

THURSDAY, NovEMBER 2, 1882.

19

of the report are very interesting and evince great industry and intelligence in the management of this department by the Commissioner. The inspection of commercial fertilizers in 1880-1, ran to the high figure of 152,464.03 tons, bringing the gross amount of $76,232.03 in fees, costing $12,171.80, and netting for the State Treasury $64,060.23. In 1881-2, the inspection included 125,426.64 tons; gross amount of fees 362,713.31, cost $12,461.99, and net payment in Treasury $50,251.32. For the two years the aggregate net sum paid into the Treasury from this source was $114,311.55. In the five seasons since 1877-8, during . which the State has received the benefit of these fees, the whole amount has been $230,548.28.
The present Commissioner instituted the existing system of analysis that has resulted in securing for our State market the highest grade of fertilizers sold, and giving us the be\)t protection against frandalent articles. The importance of a rigid inspection may he inferred from the fact that the 277,890 tons of fertilizers purchased by farmers of this State, in the last two years, cost, at the ordinary time price of $60 a ton, $16,000,000.
The appointment of Mr. H. C. White, Professor of Chemistry at the State University, as State Chemist, gave to the Agricultural Department not only the services of an able scientist, but also the use of the extensive laboratory of the University, and mnst have resulted in great bene!it to the students of the University by the enlarged practical expe;rience afforded them.
To comprehend the extent of the work done by the Agricultural Department the report must be carefully read. Spe:cial attention is called to the report upon Fishe~ies and the recornmeodations made therein. Upon a very small sum an exceedingly beneficial work has been accomplished by the Commissioner and his efficient co-laborer, , Dr. H. H. Cary, in introducing the German carp in our State. The Commissioner renews the suggestion made in

20

JOURNAL OF THE SENATE.

his last report, that out of the large amount realized by the department for the treasury, it would greatly add to the practical usefulness of the department for the Legislature to authorize the establishment of an Experimental Farm.
I would, before dismissing this most valuable and interesting account of the labors of this department, ~pecially charged with the promotion of our greatest material interest, urge upon your attention a fuller and more earnest discussion than we have heretofore given to the claims of our agriculture. At this foundation of a nation's wealth and comfort, we must begin to construct our plans of recuperation. A successful husbandry can sustain and bear on its strong shouldenl the remaining industries of the State, while the habitual scantiness of our harvests will keep us poor, and of course keep us powerless. With such a heritage as Georgia, no reasonable limit could be assigned to our wealth and strength, if it were wisely developed.
PENITENTIARY.
The punitive system of a State is always a subject of vast importance, and we may justly claim for Georgia that she has not ignored or neglected the subject. All things considered, we have good cause for encouragement in our efforts to establish a judicious, merciful and effective prison discipline. If the mortuary t~tatistics, the returned convicts, and in fact all the results reasonably expected from a wise system of punishment for offenders against the law are to decide our judgment, we have good cause for satisfaction at the measure of success which thia State has achieved. I would call the special attention of the Legislature to the intelligent and compreheneive report of the Principal Keeper of the Penitentiary, which pl~tces in your possession a valuable array of facts and figures relating to our State prison. Without bringing the policy of the wisdom of our present system into the diecussion, I regard the results which all good citizens seek to attain by the practical

THURSDAY, NovEMBER 2, 1882.

21

operation of the law e!ltablishing methods for the punishment of the criminals of the State, as of greatest importance. While we maintain the present system it would seem to be the duty of the State to render it as effective as possible. The preservation of society and the dictates of humanity alike demand this at our hands.
REPORT OF THE ATTORNEY-GENERAL.
The Attorney-General gives a particular statement of the many transactions of his office during the last two years. Your attention is respectfully in vited to its details, which are too voluminous for special mention in this message.
In the matter of the two State depositories-the Bank of Rome and the Citizens' Bank of Atlanta-the collection of the amounts due the State has been vigorously pressed. Of $53,017.03 due by the Bank of Rome, $31,359.50 have been collected, leaving a balance due of $21,657.53. It is believed that the assets of the Bank will pay the larger part of this balance. If there should still remain an amount due after the assets are exhausted, the State is amply secured by the bond given by the bank as a State Deposi tory.
Of the amount .due by the Citizens' Bank of Atlanta, $20,000 has been collected and paid into the State Treasury, and in addition, railroad stock worth $25,000 has been secured, reducing the indebtedne:~s of the Bank $45,000. Suits are pending which, if successful, will realize a sum sufficient to extinguish all, or a considerable portion, of the balance due the State.
Under a resolution of the last General Assembly, an examination of the lease of the Indi.:m Springs property was made by the Attorney-General. That officer reports that the lease has been violated by the lessee, and he recommends that the Legislature consider the subject of selling the prop"rty. The attention of your body is respectfully invited to the matter.

22

JOURNAL OF THE SENATE,

THE STATE UNIVERSITY.
The annual report of the Chancellor of the State Uni vers1ty exhibits improvement in the condition of that timehonored institution. During the collegiate year, ending July 19th, 1882, the total number of students was 1,103, who received instruction at the University and its branches at Augusta, Dahlonega, Thomasville, Cuthbert and Milledgeville. Of this number there we1e 355 students of the college grade. According to the report the new year of 1882-3 opens with 151 students at the Athens department, as against 94 at the opening last year, a most decided and gratifying improvement.
The entire receipts of the University for the last fiscal year were $49,213.30, and the expenditures $40,510.67. The cash balance from the two years 1881-2 is reported at $13,957.05. But of this balance only $2,658.07 is available for current uses, the remainder being ur.expended balances of building appropriations and uninvested proceeds of sales of bonds. The actual available income of the institution is shown to have been, 1881-2, $3l,972.tW, and the ordinary operating expenses $34,076.65, or an excess of $2,103.85 of expenses over receipts. Tuition fees having been abolished in the Academic and State College Department at Athens, there will be no income from this source hereafter.
The Chancellor urges upon the Legislature to make provision for the further organization and equipment of the already very well established Technological Institute at the University. This Institute has tuition in the four practical arts of Physics, Chemistry, Engineering and Agriculture. It is proposed to add to the Institute an industrial workshop for teaching the actual use of tools in every kind of manufacture. Your attention is called to the suggestions of the Chancellor. The direction of education everywhere is practical, and such an Industrial School as is recommended would be an invaluable addition to the educational

.

Ts:uRSDAY, NovEMBER 2, 1882.

23

advantages of the State U nivet-sity, furnishing young men the equipment with which to begin business in mechanical pursuits.
THE LUNATIC ASYLUll.
There are in the Lunatic Asylum of the State 979 petients, this number exceeding by 100 the proper capacity of the institution. On the 1st of October, 1881, there were 906 patients; received since, 257; discharged and died, 184. The average number under treatment was 942. The whole number cared for was 1163. The males were 486, and females 4:93. The whites were 729, and the colored 250. The deaths numbered 82. The appropriation for 1882 was $125,000, and from 1881 there was a balance of $35,386.85, making a total of $160,386.85, of which 8131,388.90 has been expended, leaving a balance on h~nd, October 1st, 1882, of $28,997.95. The daily cost of the maintenance of each patient was 38! cents. The sum of $165,431 was appropriated for enlarging the Asylum, of which $45,000 was used, leavit1g unexpended $120,431. The sum drawn was expended in the ~onstruction of a hospital for the colored insane, leaving $1,573.79 of the $45,000 on hand. The main building for the colored patients now in process of construction will contain 500 rooms. A number of the rooms will be occupied in March, and the whole completed and occupied during the next Spring. The building now occupied by colored patients, upon the completion of the new structure, will afford room for 220 white patients. This accommodation is greatly needed, as there are now over 200 applicants pressing for admission who cannot be accommodated.
The Trustees estimate that there will be 1,200 patients in 1883, requiring $160,000 appropriation, and 1,460 patients in 1884, requiring $190,000. They also estimate that it will require $89,254.82 to complete the i~rovements already begun. The Trustees report a decided improvement in the

.

24

JouRNAL OF THE SENATE.

management of the Asylum, in many essential particulars. I respectfully invite special attention to the report of the Trustees of the Asylum, which is herewith transmitted to your body.
THE DEAF AND DUMB ASYLUM.
The twenty-second report of the Board of Trustees and Officers of the Georgia Institution for the Education of the Deaf and Dumb embrac~s the operations of that institution for the last twenty-seven months, extending from July 1st, 1880, to September 30th, 1882. Tho Trustees declare the managem~nt of the Asylum by its officers to have been very satisfactory. During fifteen months to October, 1881, there were 64 pupils, all white; males 37, and females 27. In the second year to October 1st, 1882, there were 60 white pupils; males 35, and females 25; and 20 colored pupils; males 12, females 8. The amount expended for the support the first year was $17,376.33, and the second year, $14,773.68. The sum of $5,000 was appropriated to erect a school building The Trustees have not used the fund because of its insufficiency to build such a structure as is needed. They, therefore, have held it, and ask the General Assembly to increase it by a further appropriation of $15,000, so tlat a good, permanent building may he pnt up that wiH meet the wants of tho institution. l'he further sum of $3,000 is asked to build a laundry, and $1,500 for repairs and water-works. The estimated expense for the next two years is $20,000 a year.
ASYLUM FOR 'IHE BLIND.
The report giving the condition of the Asylum for the Blind having been delayed, from some unexplained cause, and not yet reaching the Executive Department, I am not prepared to render yon astatement of ita operations or present wants.
A CLAIM OF .JURISDICTION BY THE FEDERAL OOURTS.
I deem it an imperative duty to call the attention of the General Assembly to the claim which the United States

THURSDAY, NOVEMBER 2, 1882.

'25

District Court a~;serts in the cases of violations of law when committed by the officers or employes of t.he General Government acting in the capacity of such public servantto. Repeated instances of violence and homicide have occurred in our State limits growing out of the aHeged attempts to enforce the laws of the United States Government. The attempts on the part of our State Courts to assume jurisdiction and control of sucrh cases have been frustrated by the interposition of the judicial r..uthorities of the United States, and these cases have been transferred to the Federal Courts. As a que~?otiou of first impression, and taking into view the matter simply of the adminis~ration of law and justice, this assumption of antho1ity by the Federal Courts might not be regarded as entirely objectionable. But when it is seen that in trials of parties arraigned before these Courts they arc zealously defended by their prosecuting officers, and that convictions are rarely secured even in cases of the greatest enormity in popular estimation, and that these violators of our laws and disturbers of the public peace with avidity accept the choice of jul"isdiction offered them, it becomes a subject of interesting inquiry if these trials w ordered do not amount to a refuge fo1 offenders against the laws and dignity of the State. It is with emotions of sadness that your Executive feels that at this hour in our politicnl history it would be futile for him to recur to the timehonored arguments and doctrines which at one time were deemed so pertinent in this diseusBion.
The people of Georgia are not jealous of the Federal authority when it is exerted in vindication of the laws of the United States, but when the laws of the State are wantonly violated, they feel that the interest of justice requires that the offender!', be they foreigners, natives, private citizens, or Federal officials, should be brought to the bar of the State courts to answer for their crimes. I would, with much earn estness, invite the attention of the General Assembly to this grave snhject, and ask your honorable body to consider the

' 26

JOURNAL OF THE SENATE.

expediency of providing proper and ample appropriations for the prosecution of offenders in the Federal courts in auch cases as are here adduced, and for a proper representation of the State's interest and dignity.

'IBE CON'l'INGEN'f FUND.
The appropriation made for the Contingent Fund by the last General Assembly for each of the fiscal years, 1881 and 1882, was $7,500. For the year 1880, the amount appropriated for said fund was $l0,000, while for the years preceding the latter, and succeeding the late civil. war, the amount thus appropriated was $20,000 per annum. The annual appropriation for this fund during the years immediately pre(:eding the war, was about $15,000.
The very material reduction of said appropriation by the General Assembly for 1881-2 was, doubtless, the suggestion of a commendable spirit of economy, but expedence has demonstrated that the reduction has been too great. The per diem of the Board of Visitors of the State University, and the expense-of distributing the Laws and Journals of the General Assembly, the Supreme Co11rt H.eports and the United States Statutes, to the several counties of the State, are a.co11stant annual charge upon said fund. These items, for the present year, aggregate $1,562; so that of the appropriation for the Contingent Fund for 1882, there remained only $6,000 for defraying the contingent expenses of the several offices of the Executive Department, for aiding in the _exec11tion of the criminal laws in the State, and for making other payments for lawful objects for which no special appropriation has been made.
Notwithstanding the smallness of said fund and the probability of its premature exhaustion, I could not believe that it was consistent with executive duty, or with the public intenst, to refuse, without exception, to offer rewards for fugitive criminals. In consequence several rewards have been earned, while the means of payment were wanting. These claims have been filed in the Executive office, and

THUBSDAY, NovEMBER 2, 1882.

27

will, in due time, be laid before the proper committees of the General Asse~bly.
This subject is referred to, not for the purpose of making any special recommendation thereon, but in order that your inte11igent consideration may be invited thereto.
SALE OF CERTAIN' LOTS BELONGING TO THE STATE.
The last General Assembly passed an Act, approved September 13th, 1881, directing the Governor to cause to be sold, certain lots and fractional lots of land belonging to the State, which, by an Act assented to December 14th, 1818, had been reserved and set apart for educational purposes.
The third section of said first mentioned Act provides that "where any property is advertised for sale under this Act, and the same is bonafide claimed by any person, such person may interpose a claim thereto," etc.
It was deemed advisable to asc~rtain from the record the condition of said lands, as to claim of ownership, and accordingly, inquiry in regard thereto was made of the clerks of the Superior Courts of the several countie:; in which said lots are located. Replies to said inquiries, so far as they have been received, exhibit the fact that, in a majority of instances, said lots are owned or claimed by citizens.
No provision is made in said Act for the protection of the interest of the State at said sale!!, and it is quite certain, in view of the foregoing, that the sums which would be bid for said lots would bt> insignificant.
In order that useless and expensive litigation between the State and her citizens might be avoided, I dPemed it rroper to withhold the action required of the Governor by the Act referred to, and to ask the further consideration of the subject by the General Assembly. It is respectfully suggested that the Governor be empowered to have investigation made of the titles and value of said lots, and that authority be given him to bid for and purchase the same
. .... when sold, unless they shall bring something like their real
value.
:....
..

28

JOURNAL OF THE SENATE.

OBS1'RUCTION OF THE PASSAGE OF FISH IN THE SAVANNAH
RIV.ER.
By a joint resolution of the Genmal Assembly, approved Sept. 28th, 1881, the Governor \Vas instructed to have full and ~omplete investigation m11de of the obstruction of the passage of fish in the Savannah river, caused by the dam of the Augusta Canal Company, and of the feasibility of providing sufficient fish-ways in said dam. L. F. Livingston, H. H. Carey and J. S. Newman were appointed to make such investigation. After visiting Augusta and examining the nature of the obstruction, they reported to the Governor that, while they were satisfied it was entirely ptacticable to remedy the evil complained of, they were unable to make a definite recommendation in regard to the construction of proper fish-ways, without fi1st observing the plan and operation of such structures in other places. It being one of the prime objects of said resolution to secure this information, said Commissioners were authorized by an Executive order, of date August 18th, 1882, to visit and inspect the McDonald fish-ways in the James and ltappahannock rivers in the State of Virginia; the fish-ways at Lawrence, Mass., and the various models of such strnctutes in the Smithsonian Institute at Washington City. The result of such inspection, and the recommenilation of the Commissioners based thereon, will be found in their report acl~Om panying this communication. As there remained no fund in the treasury from which the expenses of the Commissioners, incurred in making said investigation cou!d be paid, I respectfully recommend that an amount sufficient for that purpose be appropriated by the General Assembly.
DRAINAGE OF CHATHAM COUNTY.
I submit to the Legislature the Report of the Board appointed for the prosecution of this important work and the disbursement of the appropriation made to effect it. It will be seen that they ask for an additional sum for a further
. '.

THURSDAY, NoVEMBER 2, 1882.

29

prosecution of the enterprise which seems to be one of very great importance. Savannah, our great port, has ever been to the people of Georgia a cherished object of interest and pride, and as we have good grounds for believing that in the labors of this Hoard we already can mark the most beneficial results, it would be well to consider the gteat good that may be accomplished by continuing and generously sustaining the public spirited gentlemen who compose it.

STATE BOARD OF HEALTH.

In 1875 a law was pa11sed and approved establishing a

State Board of Health. The Board was organized under this law and entered upon its duties. The members ::>f the

Board received no compensation for their services, and were

only allowed their expenses while discharging their duty as

a Board. The sum required for printing the transactions of

the Boarr. was $1,500 per annum. During the two years

of the active existence of the body it rendered valuable

service to the State, but the failure of the Legislature to make annual appropriation caused a suspension of the labors

of the Board, <nd its sessions have been discontinued. It

may be proper to state that the credit of establishing a

Board of Health was, at an early date, due to the State of

Georgia as among the foremost promoters of th.-1 measure,

and such an agency is now deemed indispensable by most

of the States of the Union.
PARDONS.

,.-."..,.. ;..

In conformity with the requirem:mt of the Constitution,
a list is furnished to the Gener~l Membly of the pardons
granted by the Executive in th~Jit!t ttw.o years, with the reasons for the same. The number of Clies in which it has been proper to exercise clemency has, of necessity, to some

extent increased from various asP.S., Ten years ago 011 ac count of the more numerousAi-de~s re.mlting from the war, and the unsettled state of t.)ciety, longer ~.erms of pun-

ishment were inflicted than are usual nov for similar of-

...
.

30

JouRNAL oF THE SENAT.I!:.

fenses; In many offemes the penalties have been dimin ished by statute. It has been deemed proper to approximate penalties to the present standard in meritorious cases.

STATE OF THE COMMONWEALTH.

Without assuming anything which we may not justly

claim for the fortunes of the State, we may, with great sat.

isfaction, make a retrospect of our progress in the last six

years:

In 1877 the taxable property of the State was $235,659,.

530; in 1881-2, $287,249,403; increase $51,589,873.

Rate of taxation in 1877 was 5 mills on the dollar; now

it is 3 mills.

The gross amount of taxation in 1877 was $1,178,297;

in 1881, $861,748; diminishing the amount of taxes annu-

ally over $3.16,540.

In 1876 the cost of collecting the tax, inclufling insolv-

ents, was over $200,000; now this cost is, including insolv-

ents, $64,284.1tS; making difference in favor of the State

of $135,715.84.

In the same time we have collected for back taxes, due

from railroads in the State, $200,000, and established the

right of the State to recover as annual tax on the same

roads $4:0,000 more than was p1evivusly paid.

Our State securities, that were quoted at par in 1877,

have greatly appreciated and are now quoted &.t 113.

"n..is77 our public debt was $11,044,000, with an annual

interest of over $800.000. We now owe $9,624,135, with

an annual interest of .IU.45,446. Showing that in six years nearly $1,500,000 of t~ P.ublic debt has been paid, and the

interest account redfrce'a t\50,000. In 1876 we ca~ied a floating debt of $256,000. This

debt has been entirely extinguished.

For years the Statl l~t had to borrow a dollar to

meet have

expenses of been able

th~
to

cGaoll'VWin'nlsboemnte,

but, of

on the contrary, we our bonds before

,. ., they were due. Within the last six years we have been '

...




THURSDAY, NoVEMBER 2, 1882.

31

able to cover into the treasury nearly a quarter million of

dollars, which have been secured by ?resdng the collection

of Ion~ standing claims of the State.

Tabulating the following we have:

Public debt reduced . .

$1,500,000

Floating debt extinguished o

256,000

Reduced interest on public debt

150,000

Annual taxation saved

316,5!0

Saving in cost and loss collecting taxes .

135,715

Buck railroad taxes . . . o

213,000

Annual increase of railroad tax

40,000

Collections from old claims . .

24:4,581

Increase of receipts from Macon and Bruns-

wick Railroad . . . . . .

242,314

$3,098,150
We must not forget in the enumeration of particulars of the advanced condition of our State interests, to give due prominence to the success of our penal system.
The mortuary rates in our State prisons we believe is without a parallel. This rate of less than one per cent. is below that of any other State whose reports are accessible to us. The reform rate, estimated by the number of con victs returned to the prison, is not over four per cent., and these results have been achieved without cost to the State. May we not claim in the three great essentials, of good priEon discipline, economy, humanity and reform, Georgia stands pre-eminent. And last, but far from least, we may express a laudable pride in the advancement in our educational facilities. In 1879 the attendance on our public schools was 179,4:05; in 1881 it wa.s 244,197, an increase of 64,792. Of this increase 31,738 were white children, and 33,054 were colored.
In this hasty summary we have presented a chapter in the history of our beloved State replete with cheering indications and facts. To the critical eye of the capitalist and

32

JoURNAL OF THE SENATE.

business man, as well as to the mind of the ardent, patriotic sons of Georgia, we behold throughout our borders the brightest promise for the future of our State.
CONCLUSION.
In concludin~ this, my final message to the representative body of Georgia, I trust I may be pardoned in yielding to the natural impulee of a grateful heart in giving ex. pres~ion to a few reillark;; personal to myself.
For the last six years I have attempted, as best I could, to demonstrate my appreciation of the honors which the people of this great State have so generously conferred upon me, by a constant devotion to the honor and interests of Georgia. This I have done onder a painful sense of the vast labor of the undertaking, and the inadequacy of my ability. Of one thing, however, I could always be assured, that all well-meant efforts to discharge my official obligations would be generously and justly recognized by the people, let my success be what it might.
This trust in the magnanimity and justice of Georgia has not been disappointed, and I here, in thi~ august forum, mP.ke my profvundest acknowledgments for the manner in which I have been sustained. For every trial or task in my official career I feel more than compensated by the belief which I take with me into private life, that the people of my beloved State will say I have served them with fidelitv, and that, in 8nrrendering the reins of government to the illustrious man who succeeds me, this Commonwealth was never more entitled to a distinguished place among the members of this great Union, nor more worthy of the good opinion of mankind, than at this moment.
ALFRED H. CoLQUITT.

THURSDAY, NOVEMBER 2, 1882.

33

Mr. Peeples offered the following resolution, to-wit:

Resolved, That two hundred copies of the Governor's message be printed for the use of the Senate.

Mr. Jones moved to amend by substituting one hundred

copies for two hundred copies. The motion to amend was

lost.

The r.::solution was agreed to.

The following message was received from His Excel-

lency, the Governor, through Mr. Avery, his Secretary, to-

wit:



Kr. President :
I am directed by His Excellency, the Governor, to deliver to the Senate a sealed communication in writing, which he respectfully asks your honorable body to consider in executive session.

The Senate, on motion, resolved itself into executive session to consider the communication of His Excellency, the <?-overnor, referred to in the foregoing message, and having spent some time therein returned to open ~ession.
At the hour of 12 o'clock, M., the Senate, in accordance
with a joint resolution, repaired in a body to the hall of Representatives for the purpose of opening and publishing the vote for Governor and other officers of State, in General Assembly. Being received by the House, the President rook the chair and called the General Assembly to order.
The Secretary, in obedience to instructions from the President, read the joint resolution onder which the two Houses had convened in joint session.
The President having appointed as tellers two from the Senate and three from the House of Representatives, he proceeded to open and publish the votes of the various counties cast at the late general election for Governor and
a

34

JouRNAL OF TilE SENATE.

other officers of State. After making some progress the General Assembly was, on motion, dissolved, to re-convene at the hour of 3 o'clock P. M.
The Senate withdrew and having returned to its cham her, was called to order by the President.
The joint resolution from the Houee of Representatives, providing a committee to arrange the inaugural ceremonies, was, on motion, taken up and concurred in.
Mr. Davis offered the following joint resolutim, which was taken up, read and agreed to :

Resolved by the Senate, the House rif Representatives con. currin{f, That the State T,ibrarian be and he is hereby arr thorized and requested to furnish a copy of the Revised Code of Georgia, to each member of the General Assembly, for his use during the present session.

On motion of Mr. Parks the same was unanimously reconsidered, when, being amended so as to relieve it of its character as a joint resolution, it was agreed to.
The President announced the following as the Standing Committee on Enrollments, to-wit: Messrs. Pike (chairman), Lamar, Gustin, McAfee, Mandeville, Foster, DuBignon and Martin.
The Senate, on motion, adjourned until 2.55 o'clock P.M.

SENATE CHAMBER, 2:55 o'clock P. H.
The Senate met pursuant to adjournment, the President in the chair, and at the hour of 3 o'clock P. M. repaired in a body to the hall of Representatives, where they were received by the House.
The President resumed the chair and called the General Assembly to order,whereupon the unfinished business of the morning was proceeded with, to-wit: the opening and publishing of the votes for Governor and other officers of State, cast at the late general election.

THURSDAY, NOVEl\lBER 2, 1882.

35

On counting up the votes cast for Governor it appeared that the Ron. Alexander H. Stephens had received one hundred and seven thousand two hundred and fifty-three votes, and the Hon. Lucius J. Gartrell had received forty-four thousand eight hundred and ninety-six votes.
The Hon. Alexander II. Stephens having received a majority of all the votes cast for Governor, he was proclaimed by the President to be duly elected Governor of the State of Georgia for the next ensuing term of two years.
On counting up the votes cast for the office of Secretary of State it appeared that the Ron. Nathan C. Barnett had received one hundred and nineteen thousand eight hundred and sixty-one voteE!, and W. A. Pledger had received twenty-seven thousand two hundred and twenty-six votes.
The Hon. Nathan C. Barnett having received a majority of all the vote~ cast for the office of Secretary of State, he
was declared by the President elected to that office for the next ensuing term of two years.
On counting up the votes cast for the office of Comptroller-General it appeared that the Hoo. W m. A. Wright had received one hundred and nineteen thousand two hundred and twenty-two votes, and Floyd Snelson had received twenty-fiye thousand ei~ht hundred and forty-eight votes
The Hon. Wm. A. Wright baYing receiYed a majority of all the votes .mst for the odice of Comptroller-General, he ''"as declared by the President duly elected ComptrollerGeneral of the State of Georgia fen tile next ensuing term of two years.
On counting up the Yote cast for the office of State Treasurer it appeared that the Ron. D. N. Speer had received one hundred and eighteen thousand six lmndre(i and fifteen votes, and W. S. Bower had received twenty-seven tb.ousand two hundred and seventy votes.
The Ron. D. N. Speer having received a majority .of all the votes cast for State Treasurer, he was declared by the President to be duly elected Treasarer of the State of Georgia for the next ensuing term of two years.

36

JoURNAL OF THE SENATE.

On counting up the votes cast for the office of AttorneyGeneral it appeared that the Bon. Clifford Anderson had received one hundred and sixteen thousand nine hundred and sixty-eight votes, and the Hon. S. A. Darnell had received twenty-seven thousand nine hundred and one votes.
The Bon. Clifford Anderson having received a majority of all the votes cast for the office of Attorney-General, he was declared by the President duly elected Attorney-General of the State of Georgia for the next ensuing term of two years.
The business of the joint session being accomplished,the General Assembly was, on motion, dissolved, and the Senate having returned to its chamber, was called to order by the President.
Mr. Peeples offered the following joint resolution, which was taken up, read and agreed to, to-wit :

Resolved, That a committee of two from the Senate and three from the Honse of Representatives be appointed to wait upon His Excellency, Alexander H. Stephens, and inform him that the returns of the election have been connted and published, and that he has been declared elected Governor, and to ascertain at what time it will snit him to appear before the General Assembly for the purpose of being inaugurated.

The President appointed Messrs. Peeples and Morgan

as the committee on the part of the Senate under forego-

ing joint resolution.

_

The same was ordered to be transmitted to the Honee

without delay.

The Senate adjourned, on motion, until 10 o'clock A. M.

to-morrow.

FRIDAY, NovEMBER 3, 1882.

37

SENATE CHAMBER, ATLANTA, GEORGIA, } FRIDAY, November 3, 1882, 10 o'clock, A.M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Chapiain. On the call of the roll the following Senators answered to their names :

Baker
Beall, Bush, Davis, DeWolf, DuBignon, Eakes, Foster,
Frederick, George, Greer, Gustin, Harris, Hoyt,

Hughes,
Jones, Knight, Lamar, Livingston, Mandeville, Martin, McAfee, . Morgan, Neal, Norman, Oliver, Parker, Parks,

Paull, Peeples, Pike, Pol hill, Rouse, Smith, 'l'atum, Thompson, Tutt, Walker, Wilcox, Yow.
MR. PRESIDENT.

The Journal was read and approved. The following message was received from His Excellency, the Governor, through Mr. Avery, his Secretary, to-wit:

.M.r. President:
I am directed by the Governor to deliver to the Senate a r;ealed communication, and respectfully ask its consideration by your honorable body in executive session.

On motion of .Mr. Parks, lea,.ve of absence was granted Mr. Guyton, on acconnt of indisposition.
At the request of the President, leave of absence was granted Mr. Meldrim, for a few days, on important business, and to Mr. McDonald, on account of indisposition.
Mr. Greer offered a resolution, which was agreed to, tendering seats in the Senate to Cola. Wier Boyd, and W. H. Simmons, and Capt. A. H. Morris, during their stay in this city.

38

JOURNAL OF THE SENATE.

Mr. Jones, chairman on the part of the Senate, of the joint committee to enquire and report what offices are to be filled by election during the present session, submitted the following report, which was read, and on motion of M.r. Peeples, laid on the table for the present, to-wit:

Mr. President :
The joint committee from the Senate and House to en quire aud report what public offices are to be filled by election at this session of the General Assembly, beg leave to make the following report, to-wit:

That there is to he elected an Associate Justice of the Supreme Court of this State, to fill the vacancy which will occur on the first of January, 1883, by the expiJation of the term of the Ron. A. M. Speer.
That there are to be elected Judges of the Superior Courts in this State as follows, to-wit :
In the Albany Circuit, a Judge to fill the vacancy which has occurred by the death of the Hon. W. 0. Fleming, elected for the tetm expiring on the first day of January, 1885.
In the Augusta Circuit, a Judge to fill the vacancy which will occur on the first day of January, 1883, by the expiration of the term of the Hon. Olaiborne Sneed.
In the Brunswick Circuit, a Judge to fill the vacancy which will occur on the first day of January, 1883, by the expiration of the term of the Hon. M. L. Mershon.
In the Eaatern Circuit, a Judge to fill the unexpired term of the Hon. W. B. Fleming, resigned, expiring on the first day of January, 1885.
In the Flint Circuit, a Judge to fill the vacancy which will occur on the first day of January, 1883, by the expiration of the term of the Hon. John D. Stewart.
In the Macon Circuit, a Judge to fill. the vacancy which will occur on the first day of January, 1883, by the expiration of the term of the Hon. Thos. J. Simmons.

FRIDAY, NoVEMBER 3, 1882.

39

In the Middle Circuit, a Judge to fill the vacancy which will occur on the first day of January, 1883, by the expiration of the term of the Hon. R. W. Carswell.
In the Ocmulgee Circuit, a Judge to fill the vacancy which will occur on the first day of January, 1883, by the expiration of the term of the Hon. Thos. G. Lawson.
In the Pataula Circuit, a Judge to fill the vacancy which will occur on the first day of January, 1883, by the expiration of the term of the Hon. Arthur Hood.
In the Rome Circuit a Judge to fill the unexpired term of the Hon. John W. H. UAderwood, resigned, expiring on the first day of January, 18S3, and, also, a .Judge for the full term of four years, beginning January 1st, 1883.
In the Southern Circuit a Judge tO fill the vacancy
which will occur on the first day of January, 1883, by the '3xpiration of the term of the Hon. A. H. Hansell.
In the Southwestern Circuit a Judge to fill the unexpired term of the Ron. Charles F. Crisp, resigned, expiring on the first day of January, 1885.
In the Western Circuit a Judge to fill the vacancy which will occur on the first day of January, 1883, by the expiration of the term of the Ron. A. S. Erwin.
That there is to be elected a Solicitor-General for the Oconee Circuit, to fill the unexpired term of the Hon. Thomas Eason, resigned, expiring on the first day of January, 1883, and also a Solicitor-General for said circuit for the full term of four years, beginning the first day of January, 1883.
Relative to the Northeastern Circuit your committee report as follows: The General Assembly of 1880-81 having by legislative act, approved August 3d, 1881, created a new judicial circuit, known as the Northeastern Circuit, and having in said Act provided for the election of a Judge and Solicitor-General by the General ABBembly then in seBBion, and under the provisions of said Act a Judge and SolicitorGeneral were dnly elected and are now in office, in our

40

JOURNAL OF THE SENATE.

opinion there is no vacancy to be filled in the offices of

.Jndgc or Solicitor-General of said Northeastern Circuit,

notwithstanding said Act seems to contemplate an election

at this session of the General Assembly, and so much of

said Act as attempts to limit the constitutional term of said

Judge and Solicitor-General is unconstitutional and of no

effect. All of which is respectfully submitted.

T. R. JoNEs,

Olairman Stmate Committee.

M.P. REESE,

.

Ohairman Bouse Committee.

On motion of Mr. Martin the Senate went into executive

session, and having spent some time therein returned to

open session.

Mr. Jones offered the following resolution, which was

read, and, on motion, laid on tlle table for the present,

awaiting the appointment of the Judiciary Committee, to-

wit:

Resolved, by the General Assembly o/ GeOTgia, That the
Governor of this State be, and he is hereby directed to have the suit discontinued now in progress in the Superior Court of Fulton county, instituted to forfeit the lease of the Western and Atlantic RailFoad Company.

2. TLat the lease Act and the relations of the company to the State arc to stand as before the institution of said suit, it being the intention of the General Assembly, by the passage of these resolutions, not to indicate anything as to the validity of the lease, the ownership of the shares, or the liability of the sureties on the bond of said company.
Mr. Baker offered the following resolution whieh was read, to-wit :
Resolved by the &nate and Hovse of Reprresentati'bes,
That when the Senate and Honse of Representatives ad-

FRIDAY, NovEMBER 3, 1882.

41

journ on Monday, the 6th inst., they do adjourn to meet at 10 o'clock A. M. on Thursday, the 9th iust.
On motion of Mr. Pa1ks the foregoing re~olution was referred to a special committ<.>e of five. The President appointed as the committee Messrs. Baker, Peeples, Martin, Greer and Gustin. On motion of Mr. Baker the committee was granted leave of absence for a few minutes.
Mr. Hoyt offered the following resolution, which was read and unanimously agreed to, to wit :

Resolved, That the use of the Senate chamber be granted Rev. Dr. Williams for divine services on Sqnday next.

On motion of Mr. Davie the Senate took a recess for fifteen minutes. At the expiration of this period the President called the body to order.

The following mest:age was received from the Hoose of Repre>entatives through Mr. Hardin, the Clerk thereof:

.Mr. Presidt~t:
The House of Hepresentatives has concurred in the following Senate resolution, to-wit: .
A rewlntion appointing a joint committee to wait on His Excellency, Alexander H. Stephen:;, to inform him of his election, and to ascertain at what time it will suit him to be inaugurated. The committee on the part of the House are Messrs. Hulsey, DeLacy and Payne.

Mr. .Livingston offered the following privileged resolution, to-wit:

Resolved, That Hon. James H. Blount, member of Congress from the Sixth Georgia District, be invited to a scat on the floor of the Senate during his stay in this city.
The same was read and so amended, on motion of Mr.

42

JouRNAL oF .rHE SENATE.

George, as to include in its provisions Col. B. M. Blackburn, of the county of Morgan. The resolution, as amended, was agreed to.
Mr. Du Bignon, chairman on the part of the Senate of the joint committee appointed to arrange the inaugural ceremonies of the Governor-elect reported that the com-. mittee had dischar~ed the duties imposed, and had arranged for the inauguration to take place in DeGive's Of1era
House at 1:.l o'clock M., to-morrow, stating that the selec-
tion of the Opera House was at the special request of his Excellency, Alexander H. Stephens, the stage thereof furnishing him the opportunity to use his chair, as is his peen liar custom while speaking.
On motion of Mr. Davis, the report was adopted. On motion of Mr.Tones, the Senate took a recess for thirty minutes while awaiting the report of the special committee, to whom was referred the resolution of Mr. Baker on the adjournment from Monday next to Thursday next-subject to be called to order at an earlier period by the President. The President called the body to order. The Senate adjournE:d, on motion, until 10 o'clock, A. M., to-morrow.

SENATE CHUlBER, ATLANTA, GA., } ~ATURDAY, November 4, 1882, 10 o'clock A. M.
The Senate met pursuant to adjournment, the President in the chair.
. Prayer was offered by the Rev. W. H. Mcintosh, D. D. On the call of the roll, the following Senators answered
to their names :

SATURDAY, NovEMBER 4, 1882.

43

Baker, Beall,
Bush, Davil',
DeWolf, DuHignon, Eakes, Foster,
Fred~rick,
George, Greer, Gustin, Guyton, Harris, Hoyt,

Hughes,
Jones, Knight, Lamar, Livingston,
:&fftndeville,
Martin, McAfE>e, McDonald,
.&I organ, Neal, Norman, Oliver, Parker,

Parks, Paull,
Peeples,
Pike, l'olhill, Rou!le, Smith, Tatum, Thompson, Tutt, Walker, Wilcox, Yow,
MR. PRESIDENT.

The Journal was read and approved. Mr. DuBignon offered the following joint resolution, which was read, agreed to, and ordered to be transmitted to the House without delay, to-wit:

Resolved by the &nate, the House concurrin{f, That the two ho~ses be formed in joint session in the hall of the House of Representatives this morning at thirty mhutes past 11 o'clock, and from thence repair to DeGive's Opera Honse to participate in the inaugural of the Governor-elect at 12 M., this day.

Mr. Peeples, chairman on the part of the Senate of the joint committee to wait upon the Hon. Alexander H. Stephens, and inform him that he had been declared duly elected Governor, and to ascertain at what time it would suit him to be inaugurated, made the following report, to wit:

Mr. President:
The joint committee appointed to wait ut-ooa the Hon. Alexander H. Stephens, and inform him that he had been declared elected Governor, and to ascertain at what time it would snit him to be inaugnratdd, beg leave to report, that they have discharged the duty devolved upon them by the joint resolution, and the Governor-elect requests

44

JOURNAL OF THE SENATE.

your committee to inform the General Assembly that it
will suit his convenience to attend at such place as the Leg-
i3lature may indicate, at 12 o'clock M., to-day, for the pur-
pose of being inaugurated.
T. M. PEEPI.Es, of 34th District,
Chairman if Senate Committee.
FrrE, of Bartow,
Chai'l'man of House Committee.

The special committee to whom was referred the joint re~olution on the question of an adjournment until Thursday next, made the following report :

Mr. President:
Your committee to whom "was referred the joint resolution providing for an adjournment of the General AsRembly, on Monday, the 6th instant, beg leave to submit the following report :
That they ascertained a similar committee had been appointed by the House of Representatives, and the two committees met, in joint session, to consider the question sub. mitted to them, and after full consideration, adopted the following resolution to be reported sepatately to the respective houses, that in the opinion of the committee, it is proper and expedient that the General Assembly adjourn on Saturday, the 4th instant, after the business of the day, until Thursday, the 9th instant, at 10 o'clock, A. M.
Your committee, therefore, recommend the adoption of the following JOint resolution as a substitute for the original Senate resolution, to-wit!
Resolved, By the Senate, the Honse of Representatives concurring therein, that when the General Assembly adjourns to-day, it adjourn to convene again at 10 o'clock, A. M., on Thursday, the 9ti:t instant.
Respectfully submitted, T. H. BAKER,
Chairman &nate Committee.

SATURDAY, NOVEMBER 4, 1882.
On motion of Mr. Gustin, the foregoing report was taken up.
Mr. Bush offered a1.1 a substitute for the report of the committee, the following resolution, which was ruled out of order by the President, as not germain to the original proposition, to-wit:
Re.<~olved, By the Senate, the Honse concurring therein, that leave of ab~enee be granted to as many of the members of botl~ houses as wish to go home for the purpose of voting, from the adjournment this afternoon, until Friday next, at 10 o'clock, A. M.; provided, however, that neither hom!e ~hall be deprived of a quorum thereby.
The question of adopting the report of the committee was sul~mitted. and the same was not adopted.
The following message was received from the House of Representatives, through Mr. Hardin, the Cle1k thereof:
.Mr. President:
The HonE>e of Representatives has concurred in the following resolutions of the Senate, to-wit:
A resolution, providing for the appointment of a committee to report rules for the government of the General Assembly in joint session, and for the present government of said session. Also,
A resolution, convening the Senate and Honse of Representatives in joint session tOt participate in the inaugural ceremonies of the Governor elect.
The House has agreed to the following joint resolution, in which it asks the concurrence of the Senate, to-wit:
A resolution, providing for joint sessions of the General Assembly, commencing Monday next, immediately after the reading of the J onrnals, for the election of Judges and Solicitors-General, and to continue in morning and afternoon sessions from day to day until all of said officers ate elected.

46

JoURNAL OF THE SENATE.

On motion of Mr. Li ving3ton, the joint reaolution ftom

the House, mentioned in the foregoing mes~age, was taken

up and read, to-wit:

Resolved, by the House of Representatives, the Senate

concurring, that the election for the Judges and Solicitot.o.

General of this State shall commence immediately after the

reading of the Journal, on Monday n~xt, and continue in

the morning and afternoon session from day to day until

all of said officer~ are elected, as provided by the Act ap-

proved September 28th, 1881.

'

The same was amended by striking out "Monday" and

inserting "Thursday."

The re~olution as amended, was concurred in, and on mo-

tion of Mr. DuBignon, was ordered to be transmitted to the

Hour,;e without delay.

Mr. Polhill moved that the Senate reconsider its action

on the foregoing resolution in order to further amend the

same. The question was submitted and the resolution was

unanimously reconsidered.

Mr. Tutt proposed to amend the resolution further by

striking out the words: "as provided by the Act of Sep-

tember 28th, 1881," and inserting in lieu thereof the words:

"in accordance with the constitution." The amendment

was agreed to and the ret'olution as amended concurred in.

On motion of Mr. Hoyt, the same was ordered' to be

transmitted to the House.

Mr. Parks, from the Committee on Rules, submitted the

following report :

Mr. President:
The Committee on Rules for the government of the Senate recommend the adoption of the rules of the last Senate with the following amendmentR: Amend by striking out rule 16 and inserting in lien thereof the following, to wit:
Rule 16.-It shall be in order for any Senator to move for a reconsideration of any action of the Senate, not pre-

SA'l'URDAY, NovEMBER 4, 1882.

47

vionsly reconsidered, immediately after the confirmation nf the Journal on the day of actual sesijion, next after the actio~: sought to be reconsidered ; provided notice of the motion to reconsider shall have been ghen before the reading of the Journal is finished. Such notice may be given at any time after the action of the Senate, and when given on tlle day of such action, shall be entered on the Journal; or, by unanimous consent, such motion may be in order at any time after the action without previous notice.
Any action which cannot be reconsidered on the succeeding day shall be in order for reconsideration on the day of the action.
The action of the Senate on an amendment may be reconsidered at any time before final action on the section, bill, or ref'olution to which it relates:
Amend Rule 19 by striking out ''On Judiciary," and instead the following : "A General Committee on the Judiciary," "A Special Committee on the Judiciary."
Amend Rule 19 by striking out "and railroads" aftet the words "Internal improvements."
Amend Rule 19 by adding the following to the list of the Standing Committees of the Senate, viz :
.A Committee on Railroads.
A.Committee on Privileges of the Floor.
We further recommend that one hundred copies of the Rules be printed for the use of the Senate.
Respectfully submitted,
J. S. BoYNTON,~ officio Oltairman. JAs. G. PARKs, J. H. PoLHILL, G. W. GusTIN, F. G. DuBxGNoN, Committee.

The foregoing report was adopted. At half-past eleven o'clock A. M., the Senate, in conformity with joint resolution, proceeded to the hall of Repre-

48

JoURNAL OF THE SENATE.

sentatives, where they were received by the House of Rep resentatives, and, being joined by that body, repaired as the General AFsembly, led by the President of the Senate and Speaker of the House, to DeGive's Op-era House.
The General Assembly was called to order by the President of the Senate, wlw, after prayer by the Chaplain of the Honse of Representatives, announced that the General Assembly had convened in joint ses~>ion for the purpose of inaugurating the Hon. Alexauder H. Stephens as Governor for the ensuing term of two years.
The Governor-elect, accompanied by the Chief Justice and AsFociate Justices of the Supreme Court of G-eorgia, Senaators and Representatives of Georgia in the Congress of the United States, Judges of the Superior Uourts, and many distinguished citizens, presented himt!elf before the General Assembly and delivered his inaugural address, at the conclusion of which, having signified his readiness to take the prescribed oath of office, the same was administerP.d in due form by the lion. James Jackson, Chief Justice of the Supreme Court.
The President of the Senate then delivered the "Great Seal of State" to his Excellency, Alexander H. Stephens, who placed the same in the custody of the Hon. N. C. Barnett, Secretary of State.
The Hon. J. S. Boynton, President of the Senafe, proclaimed that, "In obedience to the voice of the people, ascertained by legal election, he having been duly qualified, I proclaim the Hon. Alexander H. Stephens Governor and Commander-in-Chief of the army and navy of the State of Georgia for two years ensuing, and he will be respected and obeyed as such."
The General Assembly repaired to the hall of Hepresentatives, and the joint session being dissolved, the Senate returned to its chamber and was called to order by the President.
On motion of Mr. Gustin, leave of abse11ce was granted Mr. Smith until Thursday next.

SATURDAY, NovEMBER 4, 1882.

49

On motion of Mr. Jones, the report of the special com-

mittee on the elections to be made by the present General

Assembly was taken up, the same being spread on the

Journal of yesterday.

.

On motion of Mr. Gustin, the subject was so divided as

to act first on that portion which precedes the part relating

to the Northeastern Circuit.

That portion ')f the report designated for action was

adopted.

The portion relating to the Northeastern Circuit was

then submitted to the Senate for adoption;

Argument ensuing thereon, the morning session was ex-

tended, on motion of Mr. Hoyt, until half-past one o'clock

P. M:.

At that period the Senate, on motion of Mr. DuBignon,

adjourned until 3 o'clock P. M:.

AFTERNOON SESSION.
3 o'cLOCK. The Senate met pursuant to adjournment, the President in the chair. The unfinished business of the morning being first in order, vi~ .the question of adopting that portion of the report of the Committee on Offices to be filled by election at this session, as relates to the Northeastern Judicial Circuit, Mr. Hoyt offered the following resolution, germain thereto:
Resolved, That so much of the report of the special committee to inquire what officers are to be elected, etc., as refers to the Northeastern Judicial Vircuit, be referred to the Judiciary Committee to be hereafter appointed..
The resolution was agreed to.
The Senate, on motion, adjourned until 10 o'clock A. x.,
Monday.
4

50

JotJlt:N.AL OF THE SE:NAT:Ji!,

SENATE CHAMBER, ATLANTA, GEORGIA, }
MoNlJAY, November 6, 1882, 10 o'clock, A.M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. W. H. Mcintosh, D. D. On the call of the roll the following Senators answered to their names :

Baker, Beall, Bush, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George Greer, Gustin, Guyton, Harris,

:P:oyt, Hughes, Jones, Knight, Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim,
Morrn, Nea, Norman,

Oliver,
Parker, Parks, Paull, Pike,
Polhill, Rouse, Tatum, Thompson, Tutt, Walker, Wilcox, MR. PRESIDENT.

The Journal was read and approved. On motion of Mr. Tutt, leave of absence was granted Mr. Peeples until WEdnesday morning next. At the request of the President, the Hon. P. W. Mel drim, Senator elect from the First District, presented himself and took the oath of office, the same being adminijtered by the President of the Senate. On motion of Mr. Knight, leave of absence was granted Mr. Yow until Wednesday next. Leave of absence was granted to the following Senators for the same period, to-wit: To Mr. .Baker, on motion of Mr. Hoyt; to Mr. Eakes, on motion of Mr. McAfee; to Mr. George, on motion of Mr. Livingston; to Mr. Tatum, on motion of Mr. Davis; and to Mr. Jones, on his own request. The President announced the following gentlemen as the committee on the part of the Senate to prepare rules for

MoNDAY, NovEMBER 6, 1882.

51

the government of the General ABflembly, when sitting in joint sessiol!, to-wit:
Messrs. Park!!, Polhill and DnBignon. On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time and referred as severally indicated : By Mr. FrederickA bill to change the time of holding the Superior Courts in the county of Macon, and to provide for drawing two panels of jurors, etc. Referred to the Judiciary Committee. By Mr. HarrisA bill to require the several railroad companies within the State of Georgia to furnish agents and warehouses at all the foil stations on their lines of railroads, etc. Referred to the Committee on Railroads. By Mr. MartinA bill to provide for the disbarsement of fines and forfeitures collected in County Courts, in eases transferred to such coorts from the Superior Courts, and regulate liens thereon. Referred to the Judiciary Committee. By Mr. Parks-A bill to provide an additional mode of foreclosing mortgages on personal property. Referred to the Judiciary Comnftttee. Mr. Walker offered the following resolation, which was read and agreed to ~

ResolfJed, That ex-J"udges of the Supreme Coart, W. A. Hawkins and R. F. Lyon, be invited to seats on the floor of the Senate during their stay in this city.

By resolution of Mr. McAfee, Col. W. P. Price was tendered a seat on the floor of the Senate.
By resolution of Mr. Morgan a similar privilege was ten. dered the Hon. R. L. MeWherter.

52

JOURNAL OF THE SENATE.

On motion of Mr. Hoyt the Senate took a recess for twenty minutes.
At the expiration of the recess the President called the Senate to order.
The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has concurred in the first Senate amendment, and refuses to concur in the second Senate amendment to the following House resolution, to-wit :
A resolution to convene the General Assembly in joint session for the purpose of electing Judges and SolicitorsGeneral, in pursuance o the Act approved September 28th, 1881.
And has appointed the following committee on joint rules on the part. of the House : Messr~. Payne, Rankin, Maddox and Owens.

On motion of Mr. DuBignon the dit:agreement of the

House of Representatives to the amendment of the Senate

striking out from the joint resolution on election of officers

the wordl', "in conformity to .Act of September 28th,

1881," and inserting the words, " in accordance with the

Constitution," was taken up.



Mr. Tutt moved that the t::lenate recede from its amend-

ment.

Mr. DuBignon moved, as a substitute, that the f:!enate

insist upon its arilendment.

Mr. Tutt withdrew his motion to recede, and the motion

of Mr. DuBignon that the Senate insist was submitted,

and prevailed.

On motion of Mr. DuBignon a committee of conference,

consisting of three from the Senate and five from the

House of Representatives, was asked.

The President appointed as the committee on the part of

the Senate, Messrs. DuBignon, Tutt and Gustin.

MoNDAY, NovEMBER 6, 1882.

53

The fo1low.ing message was received from His Excellency the Governor, through Mr. A very, his Secretary, towit:
-
Mr. President : I am directed by His Excellency the Governor, to
deliver to the Senate a sealed communication in writing, which he respectfully asks your honorable body to consider in executive session.
On motion of Mr. George the Senate went into executive session, and having spent some time therein, returned to open session.
The following invitation was laid before the Senate by the .2resident :

To the Honorable President and Members qf the Senate:

Yon are cordially and most respectfully invited to

attend a meeting at Tern perance Hall, No. 68 Whitehall street, to-night at 7.30 o'clock, to h~ar an address by the Hon. W. L. Peek of Rockdale county, on the subject of temperance.

Hoping all may be able to attend, we are,

Very respectfully,
MRS. J. B. BoLLMAN, MRs. J. JAoox,

MRS. H. A. AUTEN, MRS. N. A. RoBB,

M.RS. ANNIE THROWER,

Atlanta, Ga., November 6th, 1882.

Committee.

On motion of Mr. George the Senate took a recess until 12 o'clock M.
At this hour the Senate was called to order by the President.
The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof:

54

JOURNAL OF THE SENATE.

Mr. President:
The Hoose of Representatives has acceded to the request of the Senate for a committee of conference on the disagreement of the two houses on the Senate amendment to the following resolution, to-wit :
A resolution to convene the General Assembly in joint session for the purpose of electing J odges and SolicitorsGeneral in pursuance of the Act approved September 28th, 1881, and has appointed as said committee on the part of the Hoose, Messrs. Harris, DuPree, Reese, Owens and Humber.

On motion of Mr. Jones the roles were suspended, when he introduced the following bill, whicq was read the first time and rE:>ferred to the Committee on the Judiciary, towit:

A bill to amend Section 3033 of the Code, prescribing the liabilities of railroad companies in this State for damage done to persons and property by the running of the locomotives, cars or other machinory of such companies.

Mr. DuBignon, chairman of the Committee of Conference appointed op the disagreement of the two houses on the amendment of the Senate to the resolution bringing on certain elections on Thursday next, made the following report, which was taken up, read and adopted:

Mr. President:
The Joint Committee of Conference on the part of the Senate and House of Representativea, appointed under the resolution relative to the elections before the General Assembly, beg leave to submit the following report :
That the second amendment to said resolution proposed by the Senate, and in which the House of Representatives refused to concur, and upon which the Senate has insisted,

MoNDAY, NovEMBER 6, 1882.

55

be stricken and the following inserted in lieu thereof: "And that such elections be held in the manner pointed out in the 2d section of the Act approved September 28th, 1881."
All of which is respectfully submitted,
F. G. DuBIGNoN,
Chairman Senate Committee. N. E. HARRIS,
Chairman Houae Committee.

On motion of Mr. DnBignon the Secretary was directed to inform the Honse of the Senate's adoption of the foregoing report.
The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof:

Mr. P'l'esident:
The Honse of Representatives has agreed to the report of the Committee of Conference, appointed on the resolution of the House to convene the General Assembly in joint session for the purpose of electing J ndges and Solicitors-General, in pursuance. of the Act approved September 28th, 1881.

On motion of Mr. DuBignon, the Senate adjourned until 10 o'clock A. K. to-morrow.

56

JOURNAL OF THE SENATE.

SENATE CHAMBER, A'ILANTA, GEORGIA, }
TuESDAY, November 7, 1882, 10 o'clock, A .M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. W. H. Mcintosh, D. D. On the call of the roll the following Senators answered to their names :

Baker, Beall, Bush, Davis, DeWolf, DuBignon, Foster, Frederick, Greer, Gustin, Guyton, Barris,

Hoyt,
Hu~hes,
Kmght, Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal,

Norman, Oliver, Parker, Parks, Paull, Polhill, Rouse, Thompson, Tutt, Walker, Wilcox,
MR. PRKSU>ENT.

The Journal was read and approved.

Leave of absence, on motion of Mr. Livingston, was

granted Mr. Pike.

Mr. Parks, from the Committee on Rules, submitted the

following supplemental report, which, under a suspension

of the rules, was taken up, read and adopted, to-wit:

M'l'. President:

The Committee on Rules respectfully recommend that

Rule 19 be amended as follows, viz:

Strike out "Deaf and Dumb Asylum," and insert "Ac-

ademy for the Deaf and Dumb."

Strike out "Public buildings," and insert "Public prop-

erty."

Strike out "Geological Bureau," and insert "Mines and

Mining.''

Respectfully submitted,

JAS. S. BoYNTON,

& o.fficio Chairman.

J. G. PARKS,

J. H. PoLHILL,

F. G. DuBIGNON,

G. W. GusTIN,

Committee.

TuESDAY, NovEMBER 7, 1882.

57

The President announced the following Standing Committees of the Senate, to-wit :
Judicia'ly-Messrs. DnBignon, chairman; Meldrim, Polhill, Jones, Parks, Pike, Smith, Oliver, George, Davis.
Special Judiciary-Messrs. Gustin, chairman; Peeples, Tutt, Hoyt, Morgon, Greer, Harris, Beall.
Finance-Messrs. Polhill, chairman; Baker, Parks, Livingston, Frederick, Jones, Hoyt, Yow, Mandeville, McAfee, McDonald, Smith, Paull, Guyton, Hughes, Davis.
Railroads-Messrs. Tntt, chairman; Gustin, JoneE=, Polhill, Greer, Frederick, Hoyt, Meldrim, Pike, Neal, McAfee, Wilcox.
Agriculture-Messrs. Livingston, chairman; Frederick, Tatum, Lamar, Guyton, Eakes, Meldrim, Hughes, Neal, Paul, McAfee, McDonald, Norman, Martin, Beall.
Penitentiary-Messrs. Peeples, chairman; Parks, Jones, Walker, Greer, Paul, Morgan, Thompson, Tatum, Norman, Guyton.
Education- Messrs. Parb, chairman ; Meldrim, Lamar, Jones, McAfee, Livingston, Davis, Pike, Tatum, Hoyt, Foster, Knight, Martin.
Corporations-Messrs. Meldrim, chairman; Jones, Morgan, Harris, Bush, Beall, George, Oliver, Livingston.
Banks-Messrs. Jones, chairman; Hoyt, Meldrim, Tutt, Davis, Yow, Wilcox, DeWolf, Baker. '
State qf the Republic-Messf@. Lamar, chairman; Tutt, Parker, Knight, Harris, DeWolf, Wilcox, Rouse, Neal, Norman.
Internal Improvements-Messrs. Baker, chairman; Morgan, George, Harris, Norman, Parker, Rouse, Knight, Eakes, Thompson, Walker, Hughes, DeWolf.
Lumatic Asylum--Messrs. Paull, ch!\irman ; Gustin, Foster, Eakes, Beall, Bush, Yow, Tatum, DnBignon, Wilcox.
Enrolling-Messrs. Pike, chairman; Lamar, Gustin, McAfee, Mandeville, Foster, Martin, Tatum, Rouse.

58

JoURNAL OF THE SENATE.

Privileges and Elections-Messrs. Greer, cha~rman; George, Guyton, Norman, Parker, Eakes.
Academy .Deaf and .Dumb-Messrs. Bush, chairman; Baker, Guyton, Martin, Wilcox, Mandeville, McDonald, Harris, Knight, DeWolf, McAfee.
.Military-Messrs. Oliver, chairman ; Walker, McAfee, Hnghea, Smith, Tatum, Lamar.
Auditing-Messrs. Smith, chairman; Wilcox, Neal, Oliver, Martin.
Printing-Messrs. DeWolf, chairman ; Peeples, Tutt, Frederick, Yow.
Mines and Mini11g-Messrs. McAfee, chairman; Greer, Tatum, McDonald, Frederick, Morgan, Parker.
Public Pl'operty-Messrs. Hoyt, chairman; Polhill, Paull. Rouse, Livingston, Mandeville.
Academy for the Blind-Messrs. Morgan, chairman; Wilcox, Bush, Rouse, Parker, Oliver, Neal.
Petitions-Messrs. George, chairman; Bush, Greer, Knight, Mandeville, Eakes, Thompson, Yow.
Privileges qf the Floor-Messrs. Barritt, chairman; Tutt, Pike, Oliver, Livingston.
Journals-Messrs. Walker, chairman ; Tatum, Wilcox, McDonald, Parker.
State Library-MessrR. Davis, chairman; Smith, Martin, Pa1ks, Polhill, Foster.
En{fi'08sing-Messrs. Beall, chairman; Bush, Neal, Davis, Mandeville.
Mr. Frederick offered the following resolution :
Resolved, That the Honse Committee of Agriculture be allowed the use of the Senate chamber durin~ their sessions, pro'IJided it does not conflict with any session of the Senate.
The same wa~ read and submitted to the Senate, and was lost by a failure to receive a unanimous vote.
The Senate, on motion, adjourned until 10 o'clock A. M., to-morrow.

WEDNESDAY, NovEMBER 8, 1882.

59

SENATE CHAMBER, ATLANTA, GEORGIA, } WEDNESDAY, November 8, 1882, 10 o'clock A.M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer wa~:~ offered by the Rev. W. H. Mcintosh, D. D.
On the call of the roll the fo1lowing Senators answered to their names :

Baker, Beall, Bush,
Davi1.1, DeWolf, DuBignon,
Eakes, Foster, Frederick, George, Greer, Gustin, Guyton,
Harris, Hoyt,

Hughes, Jones,
Knight, Lamar, Livingston,
Mandeville, Martin, McAfee. McDonald, Meldrim, Morgan, Neal, Norman,
Oliver,

Parker,
Parks, Paull,
Peeples, Pike, Polhill, Rouse, Tatum,
Thompson, Tutt, Walker, Wilcox, Yow,
MR. PRESIDBNT.

The Journal was read aad approved.

On motion of Mr. Lamar, leave of absence was granted

Mr. Baker.

Mr. Bush offered the following resolution, which was

taken up, read and agreed to, to-wit:

Resolved, That one hundred copies of the list of the standing committees of the Senate be printed immediately for the use of members of the Senate.

Mr. McDona]d offered the foUowine; resolution, which, under a suspension of the rules, was taken up, read and agreed to:

Resolved, That the President appoint a committee of seven on temperance, to be one of the standing committees of the Senate.

60

JoURNAL OF THE SENATE.

The President appointed the following gentlemen as the Committee on Temperance under the foregoing resolution: Messrs. McDonald, Eakes, Parker, Wilcox, Polhill, Knight and McAfee.
Mr. Beall offered a resolution inviting Hon. H. F. M. Byrd, ex-Senator, to a seat on the floor of the Senate during his stay in the city, which was agreed to.
By resolution of Mr. George, Col. George L. Bell was tendered a seat on the floor of the Senate.
Under a suspension of the rules, on motion of Mr. Tatum, the following bills were introduced, read the :first time and referred as severally indicated, to-wit :
By Mr. TatumA bill to abolish the office of Physician of the Peni tentiary, and to require the physicians en:ployed by the lessees to make report to the Governor of the State of the physical condition, health and situation of the convict~, and for other purposes. Referred to the Committee on tho Penitentiary. By Mr. HarrisA bill to require plaintiffs to pay costs, if demanded by the proper officers, when such plaintiff resides out of the county in which suit is to be commenced, unless such plaintiff will :file with such officers the usual paupet oath. Referred to the Committee on the Judiciary. By Mr. HughesA bill to regulate the sale of seed cotton in the State, and for other purposes. Referred to the Committee on Agriculture. By Mr. GuytonA bill to repeal an Act to provide for the keeping of a record in each county of this State of the wild lands lying and being therein, and to regulate the manner of giving in wild lands for taxation in this State, approved September 15th, 1881. Referred to the Committee on Agriculture.

WEDNESDAY, NoVEMBER 8, 1882.

61

Mr. McDonald offered the following resolution, which was taken up, read and agreed to:

Resolved, That the Committee on E<!ucation be, and are hereby, requested to take into consideration the propriety or expediency of passing a compulsory law on the subject of education, compelling those who have the charge or care of children to send them to achool a sufficient length of time each year, to enable the children to get the benefit of the Public School Fund, and report by bill or otherwise.

Hr. Parks, from the committee on the part of the Senate to prepare and report rules for the government of the General ~ssembly in joint session, made the following report, which was read and adopted:

Mr. President:

The Joint Committee on Rules of the Senate and Honse

of Representatives, beg leave to submit the following

report:

We have carefully examined the joint rules which were

adopted at the last session of the General Assembly, and

we are of the opinion that those rules should not be modi-

fit!d, and that the same are as nearly perfect as it is possible

to make them. We, therefore, recommend that the pres-

ent General Assembly adopt the rnles which were made at

the last session for government of the General Assembly,

when assembled in joint session.

.

The committee further recommend that the Secretary of

the Senate and the Clerk of the House of Representatives

have printed and substantially bound a Legislative Man-

ual for the use of the General Assembly, which shall con-

tain the following matter:

1st. Officers of the Executive Department.

2d. Officers and members of the Senate, with their post-

office address.

62

JoURNAL OF THE SENATE.

3d. Standing Committees of the Senate. 4th. Rules of the Senate. 5th. Roles for the government of the General Assembly in joint session. 6th. Officers and members of the Honse of Representatives, together with their post-offices. 7th. !:;tanding Committees of the Honse. 8th .Roles of the Honse of Representatives. The committee further recommend that the Legislative Manual be llonnd together with the Constitution of this State, with analytical index, provided eopies of the Constitution with analytical index, already printed, can be procured at once~ on reasonable terms, in sufficient numbers to supply the members of the General Assembly. The committee recommend that (bOO) five hundred copies of the "Legislative Manual" be printed for the use of the General Assembly, to be distributed ratably among the members of the two houses.
J AS. G. PARKs, Oltairman. J. H. POLHILL, F. G. DuBIGNON, Committee on part of the Senate.
w. H. PAYNE,
Oltairman Oommittee on part of the House.

On motion of Mr. Davis, the Senate took a recess until 11.30, A.M.
At the expiration of the period of recess the President called the Senate to order.
On motion of Mr. DuBignon, the Senate adjourned until
10 o'clock, A. x., to-morr

Tnuasnu, NoYEM:BER 9, 1882.

63

SENATE CHAMbER, ATLANTA, GEORGIA, } THURSDAY, November 9, 1882, 10 o'clock, A.M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. W. H. Mcintosh, D. D. On the call of the roll the following Senators amwered to their names :

Baker, Beall, Bush, Davis,
DeWolf, DuBignon, Eakes, Foster,
Frederick, George, Greer, Gustin, Guyton, Harris, Hoyt,

Hughes, Jones, Knight,
Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan,
Neal, Norman, Oliver, Parker,

Parks, Paull, Peeples, Pike, Polhill, Rouse, Smith, Tatum, Thompson, Tutt, Walker, Wilcox, Yow,
MR. PRESIDENT.

ihe J onrnal was read and approved. The following message was received from His Excellency the Governor, through Mr. Avery, his Secretary, to-wit:

.ltb. Presidettt :
I am directed by His Excellency the Governor, to deliver to the Senate a sealed communication whose consideration he respectfully asks in executive session.

In obedience to a joint resolution, the Senate repaired
immediately after the reading of the J ourna] to the hall of
Representatives, and were received by the House of Representatives.
The President took the chair, and having called the General Assembly to order, announced the object for which the joint session was convened, vi?&: the election of a J ndge of the Supreme Court, certain Judges of the Superior Courts, and Solici.tol'S'-General.

64

JoURNAL OF '.rHE SENATE.

By direction of the President, the Secretary read the

resolution under and by virtue of which the joint session

was convened.

The President announced that the first business in order

was the election of an Associate .Jnstice of the Supreme

Court for the full term of six years, commencing on the

first day of January, 1883, and that nominations would be

received therefor. Mr. George nominated tho Ron. Alexander M. Speer, of

the county of Morgan.

Mr. Jones nominated Col. Wm. K. Moore, of the county

of Whitfield.

Mr. Eakes nominated the Hon. George N. Lester, of the

county of Fulton.

Mr. Bartlett, of the House, nominated the Hon. Samuel

Hall, of the county of Bibb.

Mr. Tutt nominated the Hon. Edward H. Pottle, of

Warren county.

The several nominat~ons being duly seconded, and there

being no others made, the Secretary, by direction of the

President, proceeded with the call of the roll for the elec-

tion of an Associate Justice of the Supreme Court.

The following gentlemen cast their votes for the Hou. Alexander M. Speer, to-~it, of the Senate, Messrs. :

DeWolf, George, Mandeville,

Martin, McDonald,

Parks, Boynton.

Of the Honse, Messrs. :

,Atkinson,

LittlE>,

Awbry,

Lott

Beauchamp,

McKinney,

Carithers,

Middlebrooks,

Crenshaw,

Morrow,

Dart,

Owens,

Davis,

Peek

Dews,

Pendleton,

Drewry,

Pringle,

Flynt,

Redding,

Head,

Rice,

Hudson of Webster, Robins,

Johnson of Lee,

RuSI!ell of Decatur,

Key,

Shipp,

Smith of Bryan,

Stallings,

Studdard,

Sutton,

Sweat of Clinch,

Walthall,

Watts,

Winningham,

Wilson of Bulloch,

Wilson Wilson

of of

M8ucmintteors1 h,

Wisdom,

Whatley,

Zachary.

TnuRsDAY, NovEMBER 9, 1882.

65

The following gentlemen voted for Col. W m. K. Moore, to-wit, of the Senate, Messrs.:

Baker,

Jones,

Tatum.

Of the House, Messrs. :

Broyles, Brooks,
Fite, Foster, Howell,

Jacoway, .Jones of Bartow, Maddox, Payne,
Rankin,

Rich of Paulding, Wilder,
Wood, Wright of Floyd.

The following gentlemen voted for the Hon. George N. Lester, viz., of the Senate, Messrs. :

Beall, Eake<', Foster,

Greer, Hoyt, MI,)Afee,

Peeples, Pike.

Of the House, Messrs. :

Alexander,
Alsabrook, Beck, Bishop,
Bonner, Brewster,
Burch, Carroll, Crittenden,
Deaton,

Graham, Griffin, Hulsey, Hudson of Jackson, Irwin, .Julian, Lewis,
McBride, . McElvaney,

Mitchell Ray of Coweta,
R~dwine,
Rich of Wayne, Robbe,
Robertson, Tate, Teasley,
Waldroop.

Tne following gentlemen voted for the Hon. Samuel Hall, viz., of the Senate, Messrs. :.

Bush, Frederick,
Gustin, Guyton, Harris, Hughes,

Knight, Lamar, Livingston, Neal, Norman, Oliver,

Parker, Paull, Rouse, Smith,
Walker, Wilcox.

Of the House, Messrs.:

Bartlett, Brewer, Brown,
Bush, Carter,
Cannon, Chancey, Crumbley,
Courson, Dawson,
DeLacy,

Geer, Glisson,
Gordon, Gray
HawkP, Harris,
Hoge, Hnmber, .Jenkins,
.Johnston,
Johnsoc of Echols,

McCants, Mcintosh, Mobley,,
Patten, Paulk of Berrien,
Ray of Crawford, Rountree,
Silman, Simmons,
Spence, Spengler,

5

66

JoURNAL OF THE SENATE.

DuPree, Eason, Everett, Ford, Fuller, Gary,

Jones of Twiggs, Kimsey, I...ofton, Mason, McRae, McKay,

Sweat of Pierce, Thompson, Tucker, Wolfe, Wright ofWashington Young.

The following gentlemen voted for the Hon. Edward H. Pottle, viz., of the Senate, Messrs. :

Davis, Meldrim, Morgan,

Pol bill, 'rhompson,

Tutt, Yow.

Of the Honse, Messrs. :

A vary,

Jones of Elbert,

Barksdale of Lincoln,Logue,

,

Barksdale of Wilkes, ~IcCurry,

Brinson,

McDonough,

Calvin,

McGregor,

Cox,

McWhorter,

Daniel,

Moore of Hancock,

Griffith,

Moore of Taliaferro,

Jordan,

Park,

Jones of DeKalb,

Perkins, Proctor, Russell of Clarke, Sinquefield, Stapleton, Watson, Wimberly, Wilson of Greene, Witcher.

On casting up the vote it appeared that the Hon. A.M. Speer had received 50 votes; Col. W m. K. Moore had received 17 votes; Ron. George N. Lester had received 36 votes; Hon. Samuel Hall had received 69 votes; Hon. Edward H . .Pottle had received 35 votes.
Neither of the candidates having received a majority of all the votes ca~t, the Secretary, by di!ection of the President, ca11ed the roll for a second ballot.
Those voting for Hon. Alexander M. Speer are, of the Senate, Messrs. :

DeWolf, Foster, George,

Mandeville, Martin, McDonald,

Parks,
MR. PRESIDEN~.

Of the House, Messrs. :

Atkinson, Awbry, Beauchamp, Carithers, Crenshaw, Courson,

McKinnPy, Middlebrooks, Morrow, Owens, Paulk: of Coftee, Peek

Stallings, Studdard, Sutton, Sweat of Clinch, Sweat of Pierce, Walthall,

THuRSDAY, NovEMBER 9, 1882.

67

Davi~,
Dews, Drewry, Flynt, Head, Hudson of Webster,
Johnson of !Jeeb Jones of DeKal , Littll',

Pringle, Redding, Rice, Robbe, Robins, Rountree, Rhipp, Smith of Bryan,

Watts, Winningham, Wilson of Bullock, Wilson of Sumter, Wilson of Mcintosh, Wisdom, Whatley, Zachry.

Those voting for Colonel W m. K. Moore are, of the Senate, Messrs. :

Baker, Greer,

.Tones,

Tatum.

Of the House, Messrs. :

Broyles, Brooks, Fite, Foster.

:dowell, .T9coway, .Tones of Bartow, Payne,

Rankin, Rich of Paulding, Wright of Floyd.

Those voting for Hon. George N. Lester are, of the Senate, Messre. :

Beall, Eake@, Hoyt,

MPecepAlef@eP11

Pike, Thompson.

Of the Honse, Messrs. :

Alexander, Alsabrook, Beck, Bishop, Bonner, Brewster, Burch, Carroll, Deaton,

Gary,

McBride,

Graham,

McEivaney,

Griffin,

MitchelJ

Hulsey,

Ray of Coweta,

Hudson of .Jackson, Redwine,

Irwin,

Tate

.Julian,

Teasley,

Lewis,

Waldroop.

Those voting for Hon. Samuel Hall are, of the Senate, Messrs.:

Bush, Frederick, Gustin, Guyton, Harris, Hughes,

Knight, Lamar, Livingston, Neal, Oliver, Parker,

Paull, Rouse, Smith, Walker, Wilcox.

68

JOURNAL OF THE SENATE.

Of the House, Messrs. :

Bartlett, Brewer,
Brown, Bush, Carter, Cannon, Calvin, Chancy,
Crittenden, Crumley, Dawson,
DeLacy, DuPree, Eason, Everett,
Ford,
Fuller,

Geer,

McCants,

Glisson,

Mdntosh,

Gordon,

Mobley,

Gray,

P11tten,

Hawks,

Paulk of Berrien,

Harris,

Ray of Crawford,

Hoge

R'tl'lsell of DPcatur,

Humber,

Silman,

Jenkin!',

Simmons,

Johnson of Echols, Spence,

Jones of Twiggs, Spengler,

Kimsey,

Thompson,

Lofton,

Tucker,

Lott,

Wilder,

Mason,

Wolfe,

McRae,

Wright ofWash'gt'n,

McKay,

Y.mng.

Those voting for the Hon. Edward H. Pottle are, of the Senate, Messrs. :

Davis, Meldrim, Morgan,

Norman, Polhill,

Tutt, Yow.

Of the Houee, Messrs.:

A vary

Jones of Elbert,

Barksdale of Lincoln, Logue,

Barksdale of Wilkes, McCurry,

Brinson,

McDonough,

Calvin,

McGregor,

Cox,

Me Whorter,

Daniel,

Moore of Hancock,

Griffith,

Moore of T11liaferro,

Jordan,

Park,

Perkins,
Proctor, Russell of Clarke, Sinquefield, Stapleton, Watson, Wimberly, \Vi!son of Greene,
Witcher.

On casting up the votes on the second ballot it appeared that the Ron. Alexander M. Speer had received 54 votes; Col. Wm. K. Moore had received 16 votes; Ron. George N. Lester had received 34: votes; Bon. Samuel Hall had. received 69 votes; Bon. Edward H. Pottle had received 33 votes.
Neither of the candidates having received a majority of all the votes cast, the Secretary called the roll for the third ballot.

THURSDAY, NovEMBER 9, 1882.

69

Those "i<:oting for the Hon. Alexander M. Speer are, of the Senate, Messrs. :

Boynton, !).,Wolf, George,

Mandeville, Martin,

McDonald, Parks.

Of the House, Messrs. :

Atkinson,

Little,

Awbry,

McKinney,

Beauchamp,

Middlebrvoks,

Carithers,

Morrow,

Crenshaw,

Owens,

Davis,

Paulk of Coffee,

Dews,

Peek,

Drewry,

Pendleton,

Flynt,

Redding,

Head,

Reese,

Hudson ofWeb9ter, R ce,

Johnson of Lee,

R.lbins,

Jones of DeKalb, Russell of Clarke,

Key,

Shipp,

Smith of Bryan, SSttanldlidnagrsa1, Sutton, Sweat of Clinch, Sweat of Pierce, Walthall, Watts, Winningham, Wilson of Sumter1 Wilson of Mcintosh, Wisdom, Whatley, Zachry.

Those voting for Col. W m. K. Moore are, of the Senate,

Messrs.:
Baker, Greer,

Jones,

Tatum.

Of the House, Messrs. :

Broyles, Books, F1te, Foster,

Howell, Jacoway, Jones of Bartow, Maddox,

Payne, Rankin, Wood, Wright of Floyd.

Those voting for Hon. George N. Lester are, of the Sen_

ate, Messrt>. :

Beall, Eakes, Foster,

Hoyt, M('Afee, Peeples,

Pike, Thompson.

Of the Rouse, Messrs.:

Alsabrook,

Graham,

Barksdale of Wilkes, Griffin,

Bishop,

HulRey,

Bonner,

Hudson of Jackson,

Brewster,

Irwin,

Burch,

James,

Bush,

Julian,

Carroll,

Kimsey,

Deaton,

Lewis,

Gary,

McBride,

McElvaney, Mitchell Ray of Coweta, Redwine, Rich of Paulding, Robertson, Tate, Teasley, Waldroop.

70

JOURNAL OF THE SENATE.

Those voting for Hon. Samuel Hall are, of the Senate, Messrs.:

Bush, . Frederick, Gustin, Guyton, Harris, Hughes,

Knight, Lamar, Livingston, Neal, Norman, Oliver,

Parker, Paull, Rouse, Smith, Walker, Wilcox.

Of the House, Messrs. :

Bartlett, Beck, Brewer, Brown, Carter, Cannon, Calvin, Chancey, Crittenden, Crumbley, Courson, Dart, Dawson, DeLacy, DuPree, Eason, Everett, Ford,

Fuller, Geer, Glisson,
Gord~n,
Gray Hawks,
Harris,~
Hoge, Humber, Jenkins, Johnston, Johuson of Echols, Jones of Twiggs, Lofton, Lott, .1\iaRon, McRae, McKay,

McCants, Mclnto-h, Mobley, Paulk of Berrien, Ray of Crawford, Rich of Wayne, Rountree, Rus~ell of Decatur, Silman, Simmons, Spence, Spengler, 'l'I:Jompson, Tucker, Wilder, Wolfe, WrightofWashi'gton Young.

Those voting for the Hon. Edward H. Pottle are, of the Senate, Messrs. :

Davill, ' Morgan,

PolhiH, Tutt,

Yow.

Of the House, Messrs. :

Avary,

McCurry.

Barksdale of Llncoln,McGregor,

Brinson,

McWhorter,

Cox,

Moore of Hancock,

Daniel,

Moore of Taliaferro,

Griffith,

Park,

Jordan,

Perkins,

Jones of Elbert,

Pringle,

Logue,

Proctor, Robbe, Sinquefield, Stapleton, Watson, Wimberley Wilson of Greene, Witcher.

On casting up the vote on the third ballot it appeared that the Ron. Alexander M. Speer had received 51 votes; Col. W m. K. Moore had received 17 votes; Ron. George N. Lester had received 38 votes; Ron. Sam.uel Hall had

THuRsDAY, NovEMBER 9, 1882.

71

received '14 votes; Hon. Edward H. Pottle had received 311 votes.
Neither of the candidates having received a majority of all the votes cast, the President directed the Secretary to call the roll for a fourth ballot.
Those voting for the Hon. Alexander M. Speer are, of the Senate, Messrs. :

Boynton, DeWolf, George,

Mandeville, Martin, McDonald, '

Parks, Pike.

Of the Home, Messrs. :

Atkinson,

,Johnson of Lee,

Awbry,

Little,

.Beauchamp,

McKinney,

Brewster,

Middlebrooks,

Carithers,

Morrow,

Crenshaw,

Redding,

Dart,

Reese,

Davis,

Robins,

Dawson,

Rountree,

Dew!',

Russell of Clarke,

Drewry,

Shipp,

Flynt,

Smith of Bryan,

Head,

Stallings,

Hudson of Webster,

Studdard, Sutton, Sweat of Clinch, Walthall, Watts, Winningham, Wileon of Bullock, Wilson of Sumter, Wilson of Mcintosh, Wisdom, Whatley, Z!\chry,
MR. SPEAKER.

Those voting for Col. W m. K. Moore are, of the Senate, Messrs. :

Baker, Greer,

Jones,

Tatum,

Of the House, Messrs. :

Broyles, Brooks, Fite, Foster, Howell,

Jacoway, Jones of Bartow, Maddox, Payne,

Rankin, Rice, Wood, Wright of Floyd.

Those voting for Bon. George N. Lester are, of the Senate, Messrs. :

Beall, Eakes,
Fos~r,

Hoyt, McAfee, Peeples,

Pike, Thompson.

72

JOURNAT, OF THE SENATE.

Of the House, Mefars. :

Alexander,

Deaton,

Alsabrook,

Graham,

Barksdale of Lincoln, Griffin,

Barksdale of Wilkes, Hulsey,

Beck,

Hudson of .Jackscn,

Bishop,

Irwin,

Bonner,

.James,

Burch,

.Julian,

Bush,

Kimsey,

Carroll,

Lewii!,

McBride, McElvaney, Mitchell,
Ray of Coweta, RedwinP, Rich of Paulding, Robertson, 'l'ate, Teasley,
Waldroop.

Those who voted for Ron. Samuel Hall are, of the Sen ate, Messrs. :

Bush, Frederick,
Gostin, Guyton, Harris, Hughes,
Knight,

Lamar, Livingston, Meldrim,
Neal, Norman,
Oliver,

Parker,
Paull, Rouse, Smith, Walker,
Wilcox.

Of the Honse, Messrs.:

Bartlett, Brewer, Brown,
Carter, Cannon, Calvin,
Chancey, Crittenden, Crumbley,
Courson, DeLacy, DuPree, Eason,
Everett, Ford,
Fuller, Gary,
Geer, Glisson,

Gordon, Gray, Griffi1h, Hawks,
Harris, Hoge, Humber,
.Jenkins, .Johnston,, .Johnson of Echols, .Jones of Twiggs,
Lofton, Lott, Mason,
McRae, McKay,
McCants, McDonough,
Mcintosh,

Mobley, Owens,
Pattt>n, Paulk of Berrien, Ray of Crawford,
Rich of Wayne, Robbe, Russell of Decatur,
Silmau, Simmons, Spence, Spenglt>r,
Sweat of Pierce, Thompson,
Tucker, Wilder, Wolfe,
Wright ofWasbi'gton.

Those voting for Hon. Edward H. Pottle are, of the Senate, Messrs. :

DaviP,
Morgan,

Polbill, Tutt,

Yow.

THURSDAY, NOVEMBER 9, 1882.

73

Of the House, :Messrs. :

A vary, Brinson, Cox, Daniel, .Jordan, .Tones of DeKalb, .Tones of Elbert,
J,O;.(UP1

McCurry,

Proctor,

McGr.-gor,

Fiinquefield,

McWhorter,

Stapleton,

Moore of Hancock, Wason,

Moore of Taliaftrro, Wimberley,

Park,

Wilson of Greene,

Perkins,

Witcher

Pringle,

On casting up the vote on the fourth ballot it appeared that the Bon. Alexander :M. Speer had received 51 votes; Col. Wm. K. Moore had received 17 votes; Hon. George N. Lester had received 38 votes: Hon. Samuel Hall had received 76 votes, Ron. Edward H. Pottle had received 28 votes.
Neither of the candidates having received a majority of all the votes cast, the Secretary, by direction of the Presi dent, called the roll for a fifth ballot.
Those voting for Hon. Alexander M. Speer are, of the Senate, Messrs. :

George, Mandeville,

Martin, McDonald,

Park", MR. PRESIDENT.

Of the House, Messrs.:

Atkinson,

.Tones of DeKalb,

Awbry,

Key,

Beauchamp,

Little,

Brewster,

McKinnPy,

Carither~,

Middlebrooks,

Crenshaw,

Morrow,

D.tvis,

Peek,

Dawson,

Pendleton,

Dews,

Redding,

Drewry,

Reese,

Everett,

Rice,

Flynt,

Robios,

Head,

Rountree,

Hudson of Webster, Russell of Clarke,

.Johnson of Lee1 Shipp,

Smith of Bryan, 8tallinllS, Studdard,
Sntton, Sweat ot Clinch, Swt>at of Pierce, Walthall, Watts,
Wilson of Bullock, Wilson of Sumter, Wilson of Mcintosh, Wisdom,
Whatley, Zachry.

fhose voting for Col. W m. K. Moore are, of the Senate, :Messrs.. :

Baker, Greer,

.Tones,

Tatum.

74

JouRNAL OF THE SENATE.

Of the House, Messrs. :

Broyl~s,
Brooks, Calvin,
Fite, Foster,

Gary, Howell, Jacoway
Jones of Bartow, Maddox,

Payne, Rankin, Robbe,
Wood, Wright of Floyd.

Those voting for Hon. George N. Lester are, of the

Senate, Messrs. :
Beall, Eakes, Foster,

Hoyt,
McAfee, Peeples,

Pike, Thompson.

Of the House, Messrs. :

Alexander,

Deaton,

Abalorook, Barksdale of

Lincoln,

Grahae1 Griffin,

1

Barksdale of Wilkes, Hulsey,

Beck,

Hudson of Jack~on,

Bi~ho)J,

Irwin,

Bonner,

James,

Burch,

Julian,

Cannon,

Lewis,

Carroll,

McBride,

McElvaney, Mitchell, Ray of Coweta, Rt>dwine,
Rich of Paulding, Robertson, Tate, Teasley,
Waldroop, Winningham,

Those voting for Hon. Samuel Hall are, of the Senate,

Messrs.:
Bush, DeWolf, DuBignon, Frederick, Gustin, Guyton, Harris,

Hughes,
Knight, Lamar, Livingston, Meldrim, Neal,
Norman,

Oliver,
Parker, Paull, Rouse, Smith,
Walker,
Wilcox.

Of the House, Messrs. :

A vary, Bartlett,
Brewer, Brinson, Brown, Bush,
Carter, Chancey,
Crittenden, Crumbley, CoursoiJ 1 Dart, DeLacy,
DuPree, Eason, Ford, Fuller, Ge..r, Glisson, Gor!fon,

Grav, Griffith, Hawks,
Harris, Hoge
Humber, Jenkin!', Johnston,
Johnson of Echols, .Tones of Twiggs, Kimsey,
Lofton, Lott, Mason, McRae, McKay, McCant.'!1 McDvnough, Mcintosh,

Mobley, Owens, p,ttten,
Paulk of Berrien, Paulk of Coffee, Ray of Crawford, Rich of Waym,
Russell of Decatur, Silman, Simmons, Spence, Spengler, Thompson, Tucker, Wilder, Wolf, Wright of Wasb1gt'n,
Youn~,
MR. SPEAKER.

THuRSDAY, NovEMBER 9, 1882.

75

Those voting for tlic Hon. Ed ward H. Pottle are, of the Senate, Messrs. :

Davis, Morgan,

Polhil1 1 Tutt,

Yow.

Of the House, Messrs. :

Cnx, Daniel, Jordan, Jones of Elbert, Logne, Pottlt>, McGregor,

McWborbr, Moore of Hancock, Piirk, Perkins, Pringle, Proctor,

SinquE-field, Stapleton, Watson, Wimberly, Wilson ot Greene, Witcher.

On counting up the vote cast on the fifth ballot it appeared that the Hon. Alexander M. Speer had received 50 votes; Col. Wm. K. Moore had received 19 votes; Hon. George N. Lester had received 39 votes; Hon. Samuel Hall had received 79 votes; Hon. Edward H. Pottle had received 24: votes.
Neither of the candidates having received a majority of all the votes cast, the Secretary was directed by the President to call the roll for a sixth ballot.
At this jnncttll'e Mr. Tntt withdrew the name of the Hon. Edward H. Pottle.
Those voting for Hon. Alexander M. Speer are, of the Senate, Messrs. :

GPorge, Martin,

McDonald, Tutt,

MR. PRESIDENT.

Of the House, Messrs. :

Atkinson, Awbry, Beauchamp, Brewster,
Caritbt>r~,
Crenshaw,
Davis,
Daniel, Dawsun, Dew!', Drewry, Flynt, Head,

Jones, of DeKalb, Studdard,

Key

Sutton,

McWhorter,

Sweat of Clinch,

Middlebrooks,

Sweat of Pierce,

Moore of Taliaferro, Wallhal,

Mnrrow,

Watson,

Peek,

Wimberly,

Pringle,

Winningham,

Redwine,

Wilson of Bullock,

R1ce,

Wisdom,

Robbins,

Whatley,

Speer,

Zachry.

Stallings,

76

JOURNAL OF THE SENATE.

Those voting for Col. W m. K. Moore are, of the Senate,
Me~srs.:

Baker, Jones,

Moore,

Tatum.

Of the House, Messrs. :

A vary, Broyle!l1 Brooks, Fite,
Foster,

Howell, Jacoway, Jones of Bartow,
Maud ox,

Moor~ of Hancock, Payne, Rankin, Wright of Floyd.

Those voting for the Ron. George N. Lester are, of the Senate, Messrs. :

Beall, Eakes,

Foqter, Hoyt,

McAfee, Peeples.

Of the House, Mee:srs.:

Alexander, Alsabrook, Bishop, Bonner,
Burch, Cannon, Cox,
Deaton,
Graham,

Griffin, Hulsey,
Hndson of Jackson, Irwin, James, Jul!an,
Lewis, McBride, McElvaney,

Mitchell, Park, Ray of CJweta, RedwinP, Robinson,
Tate, Tt>a!'J,y,
Wilsou of Greene, Witcher.

Those voting for the Hon. Samuel Hall are, of the Senate, Messrs. :

Bush, Davis,
DeWulf, DuBhmon, Frederick, Greer,
Gustin, Guyton, Harris,
Hughes,

Knight,
Lamar,
Livingston, Mand>lville, Meldrim, Morgan, Neal, Norman, Oliver,

Of the House, Messrs. :

Parker, Parks, Panll1 Plllhill,
RnURP 1
Smith, Walker, Wilcox, Yow.

Barksdale of Lincoln, Hoge.

Barksdale of Wilkes, Humber,

Bartlett,

Hud11on of Webster,

Beck,

Jenkins,

Brewer,

Jordan,

Brinson,

Johnston,

Proctor,
Ray of Crawford, ReesP, Rich of Paulding,
Rich of Wayne, Robbe,

THURSDAY, NovEMBER 9, 1882.

77

Brown, Bush, Carroll, Carter, Calvin, f'hancey,
Crittenden, Crumblt>y,
Courson, Dart, DeLacy, DuPreE',
Et~son,.
Everett, Fe> rei, Fuller,
G<~ry,
Geer, Glisson, Gordon, Gray,
Griffith, Hawks, Harris,

John:,:on of Echols, John~on of Lee, JonelS of Eiuert, Jones of Twiggs, Kimsey,
I~ittle,
Lofton, Logue,
Ltt, Mason, McRae, McKay, McCants, McCurry, McKinney,
M~Donough,
Mcintosh, McGregor, Mobley, Owens, Patttm, Paulk of Berrien, Paulk of Coffee,

Rountree,
Russell of Clarke, Russell of Decatur, Shipp,
Silman, Sinquefield, Simmons, Spence, Spengler,
Smith of Bryan, Stapleton, Thompson, Tucker,
Waldroop, Watt!, Wilder,
Wilson of Sumter, Wilson of Mcintosh, Wolf, Wnod,
Wright of Wash'gt'n, Ynunl!',
MR. SPEAKER.

On casting up the vote on the sixth ballot it appeared that the Ron. Alexander M. Speer had received 41 votes; Col. Wm. K. Moore had received 17 votes; Ron. George N. Lester had received 32 votes; Ron. Samuel Hall had received 119 votes.
The Ron. Samuel Hall of the county of Bibb, having received a majority of all the votes cast, he was, by the President, declared duly elected Associate Justice of the Supreme Court of the State of Georgia, for the term of six years, commencing on the first day of January, 1883.
The joint session was, on motion, dissolved to reconvene at 3 o'clock, P. M.
The Senate repaired to its chamber and was called to order by the President.
By resolution of Mr. Davis, a seat on the floor of the Senate was tendered the Hon. Hamilton MeWhorter, dur. ing his stay in this city.
The Senate, on motion, adjourned until 3 o'clock, P. M.

78

JoURNAL OF THE SENATE.

SENATE CHAMBER, 3 o'cLO<JK, P. M.
The Senate met pursuant to adjournment, the Pre~ident in the chair, and repaired immediately in a body to the hall of Representatives, where, being received by the Honse of Representatives, the Preident took the chair and called the General A11sembly to order, announcing that the unfinished business of the morning would be resumed.
The President declared the election of a J ndge of the Superior Court for the Southern Judicial Circuit for the term of four years, commencing on the first day of January, 1833, the next business in order, and that nominations would be received therefor.
Mr. Patten, of the Honse, placed in nomination for said office, the Ron. Augustin H. Hansell, of the county of Thomas.
This nomination was seconded by the Ron. Mr. Knight, and there being no other, the President directed the Secretary to proceed with the call of the roll for said election.
The following gentlemen cast their votes for the Hon. Augustin H. Hansell, ~iz., of the Senate, Messrs:

Baker, Beall, B1sh, Davis, DeWolf, DuBignon, Eakt>s, Frederick, George, . Greer, Gustin, Guyton, Haris,

Hoyt, Hughes,
Jone~~,
Knight, Lamar, Livingston, Mandeville, Marlin, McAfee, McDonald, Meldrim, Morgan, :Seal,

Norman,
Oliv.er,
Parker, Parks,
P~tull
Polhih, Rouse, Smith, Tatum, Walker, Wilcox, Mr. PRESIDENT.

Of the House, Messrs :

Alexander,

Hawks,

Alsabrook, Atkinson,

HarriP1 Head,

A vary,

Hoge,

Awbry,

Howell,

Bark~dale l)f Lincoln, Hulsey,

Perkins. Pringle, Proetor, Rankin, Ray of Coweta, Ray of Crawford,

THURSDAY, NoVEMBER 9, 1882.

79

Barksdale of Wilkes, Humber,

Redding,

Bartlett,

Hudson of Jackson, Redwine,

Beauchamp,

Hudson of Webster, ReeE>e,

Beck,

Irwir.,

Rice,

Bishop,

James,

Rich of Paulding.

Bonner,

Jacoway,

Rich of Wayne,

Brewer,

Jenkins,

Robbt>,

Brewster,

Jordon,

Robins,

Brinson,

Johnston,

Robertson,

Broyles,

Johnson of Echols, Rountree,

Brown,

Johnson of I.ee, Russell of Clarke,

Bronks,

Jones of Bartow, Rus~ell of Decatur,

Burch,

Jones ot DeKalb, Shipp,

Bush,

Jones of Elbert,

Silman

Camp,

Jones of Twiggs, Sinquetlt:-ld,

Carroll,

Julian,

Simmons.

Carter,

Key,

Spence,

Cannon,

Kimsey,

Speneler,

Calvin,

Lewis,

Smith of Bryan,

Chancey,

Little,

Stallings,

Crenshaw,

Lofton,

Stapleton,

Carithers,

Logue,

Studdard,

Crittend~.>n,

Lott,

Sutton,

Crumbley,

Maddox,

Hweat of ('linch,

Courson,

Mason,

Smith of Pierce,

Cox,

McRae,

Tate,

Dart,

McKay,

Teasley,

Davis,

McCants,

Thompson,

Daniel,

McBride,

Tucker,

Dawson,

McCurry,

Waldroop,

De'\ton,

McKenney,

Walthall,

Dews,

McDonough,

Wattet,

DeVtey,

Mclnto!!h,

w.Jder,

Drewry,

McElvaney,

Wimberly

D 1Pree,

McGregor,

Winingbam,

E~son,

McWhorter,

Wilson of Bullock,

Everett,

Middlebrooks,

Wilson of Greene,

Fite,

Mitchell,

Wilson of Sumter,

Flynt,

Mobley,

Wilson ofMclntm;h,

Ford,

Moore of Hancock, Wisdoru,

Foster,

Moore of Taliaferro, Withrow,

Foy,

Morrow,

Witcher.

Fuller,

Owens,

Whatley,

Gary,

Park,

Wolfe,

Geer,

Patten,

Wood,

Glisson,

Paulk, of Berrien, Wrhcht of Flovd.

Gordon,

Paulk of Coffee,

Wright of Wasbi'gt1n,

Grabam,

Payne,

Young,

Gray,

Peek,

Zachry,

Griffin,

Pendleton,

MR. SPEAKER.

Grifil.th,

On casting up the vote it appeared that the Hon. Augustin H. Hansell had received 202 votes, which being the entire vote cast and a majority of the General Assembly, he

80

JoURNAL OF THE SENATE.

was, by the President, declared duly elected J udgc of the

Snperior Court for the Southern Circuit, for the term of

four years, commencing on the first day of January, 1883.

The President announced as the next business in order,

the election of a Judge of the Superior Court for the Au-

gusta Judicial Circuit, for the term of four years, commen-

cing on the first day of January, 1883, and that nominations

therefor would be received.

Whereupon Mr. M. P. Carroll of the county of Rich-

mond, the Hon. John T. Shumake of the same county,

and the Hon. H. C. Roney of the county of McDuffie were

put in nomination.

'

The Secretary proceeded with the call of the roll for

said election.

Those voting for Mr. M. P. Carroll are, of the Senate,

Messrs.:

George, Gustin,

Hoyt, Mandeville,

Oliver.

Of the Honse, Messrs.:

Bartlett,
~royles,
Brook, Crenshaw, Cittenden, Dawson,

Gary, Glisson, Head, Jones of DeKalb, McDonough,

Payne,
Ray of Coweta, Rice, Winningham, Whatley.

Those voting fur the Hon. John T. Shumake are, of the Senate, Messrs.:

Guyton, Harris, Hughes,

Morgan, Paull,

Polhill, Wilcox.

Of the House, Messrs.:

Brinson, Bush, Calvin, Cox, Dews, DeLacy,
Eason, Hoge, Jenkins,

Lofton, Logue, Mason, McRae, McKay, McGregor, Mitchell, Owens, P e r k IDs,

PriDgle, Robbe, Rountree,
Sinquefield, Spengler,.
Wat!s,
Wimberly, Wolfe, Wright of W ahsington.

THURSDAY1 NOVEMBER 9, 1882.

81

Those voting for Ron. H. 0. Roney are, of the Senate,

Messrs.:

Baker, BeaU, Bush, Davis, DeWolf, DuBignon,
E~kes,
Foster, Frederick, Greer,

Jones, Knight, lamar, Livingston, McAfee, McDonald, Meldrim, Neal, Norman,

Parker, Parks, Peeples, Pike, Rouse, Tatum, Thompson, Tutt Walker.

Of the House, Messrs. :

Alexander,

Hawks,

Pendleton,

Alsabrook,

Harris,

Proctor,

.Atkinson,

Howell,

Rankin,

Avary,

Hulsey,

Ray of Crawford,

Awbry,

Humber,

Redding,

B!U'ksdale of Lincoln, Hodson of Jl!oCkson, Redwine,

Barksdale of Wilkes, Hudson of Webster, Reese,

Beauchamp,

Irwin,

Rich of Paulding,

Beck,

James,

Rich of Wayne,

Bishop,

.Jacoway,

Robins,

Bonner,

.Johnston,

Robertson,

Brewer,

.Johnson of Echols, Rolll!ell of Clarke,

Brewster,

Johnson of Lee,

ldhipp,

Brown,

Jones of Bartow, Silman,

Burch,

Jones of Elbert,

Simmons,

Carroll,

Jones of Twiggs, Spence,

Carter,

Julian,

Smith of Bryan,

Cannon,

Key,

Stallings,

Carithel'l!l,

Kimsey,

Stapleton,

Chancey,

Lewis,

Stoddard,

Crumbly,

LittJe,

Sutton,

Courson,

Lott,

Sweat of Ctinch,

Dart,

Maddox,

SwPat of Pierce,

Davis,

McCants,

Teasley,

Deaton,

McBride,

Thompson,

Drewry,

McCorry,

'l'ucker,

DuPree,

McKinney,

Waldroop,

Everett,

Mcintosh,

Walthalf,

Fite,

McElvaney,

Watson,

Flynt,

McWhorter,

Wilder,

Ford,

Middlebrooks,

Wilson of Bulloch,

Foster,

Mobley,

Wilson of Greene,

Foy,

Moore of Hancock, Wilson of Sumter,

Fuller,

Moore of Taliaferro, Wilson of Mcintosh,

Greer,

Morrow,

Wisdom,

Gordon,

Park,

Witcher,

Grham,

Patten,

Wood,

Gray,

Paulk of Berrien, Wright of Floyd,

GGrriifftflint1n,

Paulk of Coffee,

Young,



Peek,

zachry.

6

82

JOURNAL OF THE SENATE.

On casting up the vote, it appeared that Mr. M. P. Carroll had received 21 votes; Ron. John T. Shumake had re-. ceived 34 votes; Hon. H. C. Roney had received 150 votes.
The Hon H. C. Roney having received a majority of all the votes cast, he was, by the President, declared duly elected J ndge of the Augusta Jndicial Circuit for the term of four yearl!, commencing on the firs_t day of January, 1883.
The President announced as next in order the election of a Solicitor-General for the Oconee J ndicial Circuit, to fill the unexpired term of the Hon. Thomas Eason, resigned, and that nominations would be received therefor.
Whereupon .Mr. DuPree, of the Rouse, pot in nomination Col. C. C. Smith, of Telfair county.
There being no other nomination, the Secretary, by direction of the President, proceeded to call the roll for said election.
Those who vvted for Col. C. C. Smith are, of the Senate, Messrs. :

Baker, Beall, Bosh, Davis, DeWolf, DoBignon, Eakes, Foster, Frederick, George, Greer, Gustin, Guyton, Harris,

Hoyt, Hughes, Jones, Knight, Lamar, Livingston, McAfet>, McDonald, Meldrim, Morgan, Neal, Norman, Oliver, Parker,

Of the House, Messrs. :

Alexander,

Harris,

Al~brook 1

Bead,

Atkinson,

Hoge,

A vary,

Howell,

Awbry,

Holsey,

Barksdale of Llnooln, Humber,

Barksdale of Wilkes, Hudson of Jackson,

Bartlett,

Hodson of Webster,

Beauchamp,

Irwin,

Parks,

PPeaeuplll1es,

Pike,

Polhill,

Rouse,

Smith,

Tatum,

Tbompeoo Tutt

1

'

Waiker,

Wilcox,

MR. PRESIDENT.

Perkins, Pringle, Proctor, Rankin, Ray of Coweta, Ray of Crawford, Redding, RP.dwine, Reese,

THURSDAY, NoVEHBEs-9, 1882.

83

Beck, Bishop, Bonner, Brewer, Brewster, Brinson, Brown, Brooks, Burch, Bush, Camp. Carroll, Carter, Cannon, Calvin, Carithers, Chancey, Crenshaw, Crumbley, Courson, Cox, Dart, Davl1.1 Daniel, Dawson, Deaton, Dews, DeLacy, Drewry, DuPree, .Eason, Everett, File, Flynt, Ford, Foster, Foy, Fuller, Geer, Gordon, Gray, Griffin, Hawks,

;rames,

Rich of Paulding,

;Tacoway,

Rich of Wayne,

;Jenkins,

Robbe,

.Jordan,

Robertson,

;Johnston,

Rountree,

';Johnson of Echols, Ru!isell of Clarke,

;Johnson of Lee,

Shipp,

Jones of Bartow, Silman,

;Tones of DeKalb, Rinquedeld,

;Tones of Elbert,

Simmons,

.Tones of Twiggs, Spence,

Key, ,

Spen~ler,

Kimi!ey,

Smith 'of Bryan,

Lewis,

Smith of Wilkinson,

Little,

Stallings,

Lofton,

Stapleton,

J.ogue,

Studdard,

Lott,

Sutton,

Maddox,

Sweat of Clinch,

Mason,

Sweat of Pierce,

McRae, McKay,

!T&eates1ley,

McBride,

Thompson,

McCurry,

Tucker,

McKinney

Waldroof.,

McDonough,

Walthal,

Mcintosh,

Watson,

McElvaney,

Watt~,

McGregor,

Wilder,

McWhorter,

WJDningham,

Mitchell,

Wilson of Bullock,

Mobley,

Wilson of Sumter,

Moore of Hancock, Wilson of .Mclntoeh,.

.Moore of Taliaferro, Wisdom,

Morrow,

Witcher,

Owens,

Whatley,

Park,

Wolfe,

Patten,

Wood,

Paulk of Berrien, Wright of Washi'gloa

Paulll: of Coftee,

Young,

Payne,

Zachry,

P~k

!lB. SPEAKER.

Pendleton,

On casting up the vote it appeared that Col. C. C. SmitJi, had received 201 votes, the same being the entire vote east,. and a majority of the General Assembly, he was declared. duly elected Solicitor-General of the Oconee Judicial {)ircuit, to fill the unexpired term of the Hon. Thomas Eason,. resigned.
The President announced as the next business in order the election of a Solicitor-General of the Oconee Judieial

84

JoURNAL OF THE SENATE.

Circuit for the term of four years, commencing at the expiration of the unexpired term of the Hon. Thomas Eason, and that nominations therefore would be received.
Hon. C. C. Smith being nominated for this office, and there being no other nomination, the Secretary, by direction of the President, called the roll for this election.
Those voting for the Hon. C. C. Smith are, of the Senate, Messrs.:

Baker, Beall, Davis, DeWolf, DuBignon, Eaketo, Foster, Frederick, George, Greer, Gustin, Guyton, Harris,

Hoyt, Hughes, Jones, Knight, Lamar, Livingston, McAfee, McDonald, Meldrim, Neal, Norman, Oliver, Parker,

Parks, Paull, Peeples, Pike, Polhill. Rouse, Smith, Tatum, Thompson, Tutt, Walker, Wilcox,
MR. PRESIDENT.

Of the Honse, Me1Brs.:

Alexander,

Head,

Pringle,

Alsabrook,

Hoge,

Proctor,

Atkinson,

How~ll,

Rankin,

Avary,

Hulsey,

Ray of Coweta,

Awbry,

Humber,

Ray of Crawford,

Barksdale of Lincoln, Hudson of Jackson, Redding,

Barksdale of Wilkes, Hudson of Webster, Redwine,

Bartlett,

Irwin,

Reese,

Beauchamp,

James,

Rice,

Beck,

J acoway,

Rich of Paulding.

Bishop,

Jenkins,

Rich of Wayne,

Bonner,

Jordan,

Robbe,

Brewer,

Johnston,

Robins,

Brewster,

Johnson of Echols, Robertson,

Brinson,

J9h080n of Lee,

Rountree .

Broyles,

Jones ot Bartow, Russell of Clarke

Brown,

Jones of DeKalb, RuSBell of Decatur,

Brooks,

Jones of Elbert,

Shipp,

BUrch,

Jones of Twiggs, Silman,

Bush,

Julian,

Sinquetleld,

Carroll,

Key,

Simmons.

Caner,

Kimsey,

Spence,

Cannon,

Lewis,

Spengler,

Carithers, Cbancey,

LittlP1 Lofton,

Smith of Bryan, Stallings,

Crenshaw,

Logue,

Stapleton,

THURSDAY, NOVEMBER 9, 1882.

85

Crittenden, Crumbley, Courson, Cox, Dart, Dawson, Deaton, Dews, DeLacy, Drewry, DuPree,
Eason,
Everett, Flte, Flynt, Ford, Foster, Foy, Fuller, Gary, Greer, Glisson, Gordon, Graham, Gray, Grifftn, Griffith, Hawks, Harris,

Lott,

Studdard,

Maddox,

Sutton,

Mason,

Sw~at of Cline~,

MoRal',

Sweat of Pierce,

McKay,

Tate,

McCant.,

Teasley,

McBride,

Thompson,

McCurry,

Tucker,

McKinney

Waldroop,

McDonough,

Walthall,

Mcintosh,

Watson,

McEivaney,

Watts,

McGregor,

Wilder,

McWhorter,

Winingham, ,

Middlebrooks,

Wilson of Bullock,

Mitchell,

Wilson of Greene,

Mobley,

Wilson of Sumter,

Moore of Hancock, Wilson of Mcintosh,

Moore of Taliaferro, Wisdom,

Morrow,

'

Witcher.

Owens,

Whatley

Park,

Wolfe,

Patten,

Wood,

Paulk of Berrien, Wri~ht of Floyd,

Paulk of Coffee, Wright of Washi'gt'n,

Payne,

Young,

Peek

Zachry,

Pendleton,

Ms. SPEAKER.

On casting up the vote it appeared that the Hon. C. C. Smith had received the entire vote ca.St, which was also a majority of the General Assembly, the number being 201, he was, by the President, declared dtily elected SolicitorGeneral of the Oconee Judicial Circuit for the term of four years, comme~cing at the end of the unexpired term for which he had this day been elected.
The President announced the election of a Judge of the Superior Oourt of the Rome Judicial Circuit, to fill the unexpired term of the Hon. J no. W. H. Underwood, resigned, as next in order, the said unexpired term ending ou the fir8t day of January, 1883, and that nominations therefore would be received.
Whereupon the Hon. Joel Branham, of the county of Floyd, was put in nomination by Mr. Maddox of the House.

JouRNAL OF THE SENATE.

Then b~ing no other nomination, the Secretary was directed by the President to call the roll for this election.
Those who voted for the Hon. Joel Branham are, of the Senate, .Messrs. :

Baker, Beall, Bush, Davis, DeWoH, DuBignon, Eakes, Frederick,
George, Greer,
Gustin, Guyton, Harris,

Hoyt, Hugbee, Joneta Knight, Lamar, Livingston, McAfee, McDonald, Meldrim, Morgan, Neal, Norman, Oliver,

Parker, Parks, Paull, Peeples, Pikt>, Polhill, Rouse, Smith, Tatum, Tutt, Walker, Wilcox, Mr. PRESIDENT.

Of the Hoose, Messrs :

Alexander,

Griftln,

Proctor,

Alsabl'ook,

Grimth,

Rankin,

.Atkinson,

Hawks,

Ray of Coweta,

A vary,

Harris,

Ray of Crawford,

Awbry,

Head,

Redding,

BarkMiale of Ltncoln,Hoge,

Redwine,

Barksdale of Wilkes, Howell,

Reese,

Bartlett, .

Hulsey,

Rice,

Beauchamp,

Humtier,

Rich of Paulding,

Beck,

Hud110n of ,fackson, Rich of Wayne,

Bishop,

Hudson of Webster, Robt!e,

.Bonner,

lrwir.,

Robbins,

Brewer,

James,

Robertson,

Brewster,

Jacoway,

Rountree,

Brinson,

Jenkins,

Russell of Clarke,

Broyles,

Johnson of Echols, Russell of Decatur,

Brown,

Johnson of Lee, Shipp,

Brooks,

Jones of Bartow, Silman

Burch,

Jones of DeKalb, Sinquefield,

Bu11b,

.Jones of Twiggs, Simmons,

Carroll,

Julian,

Spengler,

Ca&rter,

Key,

Smith of Bryan,

Cannon,

Kimsey,

Stallings,

Calvin,

Lewis,

Stapleton,

Carithers,

Ltttle,

Studdard,

Chancey,

Lofton,

Sutton,

Crenshaw,

Lott,

Sweat of Clinch,

Crittenden,

Maddox,

Sweat of Pierce,

Crumbley,

M8110n,

Tate



Cour110n,

McRae,

Tt>asley,

Cox,

McKay,

Thompson,

Dart,

McCants,

Tucker,

Davis,

McBride,

Waldroop,

THURSDAY, NOVEMBER 9, 1882.

87

Dawson,
De~ton,
Dews, DeLacy, Drewry, DaPree, Eason, Everett, Flte, Flynt, Ford, Foster, Foy, . Fuller, Gary, Geer, Glisson, Gordon, Graham, Gray,

McCurry,

M.MccDKoennonuegy1n,

Mcintosh,

McElvaney,

McWhorter,

Middlebrooks,

Mitchell,

Moore o'f Hancock,

Moore of Taliaferro,

Morrow,

Owens,

Park,

Patten,

Paulk of Berrien,

Paulk of Coftee,

Payne,

Peek,



Perkins,

Pringle,

Walthall,

Watson, Watts,

Wilder,

Wimberley,

Winningham Wilson of Buhock,

Wilson of Sumter,

Wilson of Mcintosh,

Wisdom,

Witcher,

Whatley,

Wolf,



Wood, Wright of Floyd,

Wright of Wash'gt'n, Youag, Zachry.

MR. SPEAKER.

On casting up the vote it appeared that the Hon. Joel Branham, of the county of Floyd, had received 200 votes. The same being the entire vote cast, and a majority of the General Assembly, he was declared by the President to be duly elected Judge of the Rome Judicial Oircuit for the unexpired term, ending January let, 1M83.
The President declared as next in order the election of a Judge of the Rome J udiciii.l Circuit for the term of four years, beginning on the first of January, 1883. .
Mr. Maddox of the Hoose nominated the Hon. Joel Branham for this office.
There being no other nomination, the President directed the Secretary to call the roll for this election.
Thoso voting for the Hon. Joel Branham are, of the Senate, Measrs. :

Baker, Beall, Bush, Davis, DeWolf, DuBignon, Foster; Frederick, George, Gustin,
Guyton,
Barris,

Hoyt, Hughes, Jones, Lamar, Livingston, McAfee, McDonald, Meldrim, Neal, Norman, Oliver, Parker,

Paull, Peeples, Polbill, RousP, Tatom, Thompaon, Tutt Walker, Wilcox, Yow, MR. P.BESIDENT.

88

JouRNAL OF THE SENATE,

Of the House, Messrs. :

Alexander,

Griftith,

Peek,

Alsabrook,

Hawks,

Pringle,

Atkinson,

Harris,

PrOlltor,

Avary,

Head,

Rankin,

Awbry,

Hoge,

Ray of Coweta,

Barksdale of Lincoln, Hulsey,

Ray of Crawford,

Barksdale of Wilkes, Humber,

Redding,

Bartlett,

Hudson of Jackson, Redwine,

.Beauchamp,

Hudson of Webster, Reese,

Beck,

Irwin,

Rice,

Bishop,

James,

Rich of Paulding,

Bonner,

Jacoway,

Rich of Wayne,

Brewer,

Jenkins,

.

Robbe,

Brewster,

Jordan,

Robins,

Brinson,

Johnson of Echols, Russell of Clarke,

Brown,

Jones of Bartow, Shipp,

Brooks,

Jones of DeKalb Silman,

Burch,

Jones of Elbert,

Sinquefield,

Bush,

Jones of Twiggs, Spence,

Carroll,

Julian,

Spengler,

Carter,

Key,

Smith of Bryan,

Cannon,

Kimsey,

Stallings,

Calvin,

Lewis,

Stapleton,

Carithers,

Little,

Studdard,

f!hancey,

Lofton,

Sutton,

Crenshaw,

Logue,

Sweat of Clinch,

Crittenden,

Lntt,

Sweat of Pierce,

Courson,

Maddox,

Tate

Dart,

Ma.son,

Teasley,

Davis,

McRae,

Thompson,

Dawson,

McKay,

Tucker,

Deaton,

McCants,

Waldroop,

.Dews,

McBride,

Walthall,

DeLacy,

McCurry,

Watson,

Drewry,

McKinney,

Watts,

DuPree,

McDonough,

Wilder,

Eason,

Mcintosh,

Wimberley,

Everett,

McEivaoey,

Winningham

Fite,

McWhorter,

Wilron of Bullock,

Flynt,

Mitchell,

Wilson of Greene,

Ford,

Mobley,

Wilson of Sumter,

Foster.

Moore of Hancock, Wisdom,

Foy,

Moore of Taliaferro, Witcher,

Fuller,

Morrow,

Wolf,

Gary,

Owens,

Wood,

Greer,

Park,

Wright of Floyd,

GliSI!On,

Patten,

Wright of Wash'gt'n,

Gordon,

Paulk of Berrien, Youn~,

Graham,

Paulk of Coftee,

Zachry,

Gray,

Payne,

MR. SPEAKEB.

Griffin,

On casting up the vote it appeared that the Hon. Joel

FRIDAY, NovEMBER 10, 1882.

89

Branham, of the county of Floyd, had received 195 votes, which, being the entire vote cast, and, also, a majority of the General AEsembly, he was, by the President, declared duly elected Judge of the ROme Jndi.cial Circuit for the term of four ye~ors, con,1mencing January 1st, 1883.
The joint session was, on motion, dissolved to re-convene at ten min.ntes ~!iter 10 o'clock to-morrow morning.
The Senate repaired to its cl~amber, and was called to order by the President.
The Senate, on motion, adjourned until 10 o'clock A. x., to-morrow.

SENATE CHAKBER, A'ILANTA, GEORGIA, }
FRIDAY, November 10, 188~, 10 o'clock, A.x.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by tpe Rev. W. H. Mcintosh, D. D. On the call of the roll the following Senators anawered to their names :

Baker, Beall, Bush, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin,
Guyt?n, Barns, Hoy\,

Hughes, Jones, Knight,

Lamar, Livingston, Mandeville,

Martin, . McAfee,
McDonald, Meldrim,

'NMeoar,rn

,11

Norman, Oliver,

Parker,

Parks, Paull, Peeples, P1ke,
Polhill, Rouse, Smith, Tatum, Thompson,
Tutt, Walker, Wilcox, Yow, :MB. PRESIDBNT.

The Journal was read and approved. Leave of absence was gl'!Lnted Mr. Wilcox, on his own motion, from this morning until Tuesday next. On motion of Mr. Jones, leave of absence waa granted Mr. Davis from this morning until Monday next.

90

JoURNAL OF THE SENATE.

Mr. JoBes offered the followinp; resolution, which being approved by the Committee on Privileges of the Floor,
was read and agreed to, to-wit :

Re8ollued, That the Hon. A. T. Hackell, ex-Senator from the Forty-fourth Diatrict, and the Hon. R. J. McCamey, ex-Journalizing Clerk of the Senate, be invited to seats on the floor of the Senate during theit stay in this city.

Mr. Walker offered the following resolution, which was approved by the proper committee, and agreed to by the SeDate, to-wit:

Re8olved, That the Hon. C. F. Orisp be invited to a seat on the floor of the Senate during his stay in the city.

The Senate repaired to the ball of Representatives iri a body, and being received by the Honse of Representatives, the President took the chair, called the General Aaaembly to order, and announced that the joint session was re-convened for the purpose of contiRlliug' thP, elections in conformity to th~ joint resolution of the two houses.
He declared that the election of a J udp;e of the Flint Judicial Circuit for the term of four years, commencing January 1st, 1883, was the :drst business in order, and that nominations would be received therefor.
Whereupon, .Mr. Redding, of the House, placed in nomination the Hon. John D. Stewart of the county of Spalding. There being no other nomination, the Secretary, by direction of the President, proceeded to call the roll for said election.
Those voting for the Hon. John D. Stewart are, of the
Senate, Messrs. :

FRIDAY, NovEMBER 10, 1882.

91

Baker, Beall, Bush, Davi111 DeWolf, DoBignon, Eakes, FO'Iter, Frederick, George, Greer, Gustin, Guyton, Harris,

Hoyt, Hughes, Jones, Knight; Lamar, Livingston, Mandeville, Martin, McAfet>, McDonald, Meldrim, Morgan, Neal, Norman,

Oliver, Parker, Park", Peeples, Pike> Polhlll, Rouse, Smitb, Tatum, Thomp8C>n1 Tutt Walker, Wilcox, MR. PKESIDE'NT.

Of the Ho~se, Me&~~rs; :

Alexander,

Hawks,

Perklne,

Alsabrook,

Harris,

Pringle,

Atkinson,

Head,

Proctor,

Avary,

H~,

Rankin

Awbry,

Howell,

Ray of Coweta,

Barksdale of Linooln, Holsey,

Ray ofCrawford,

Barksdale of WJlkes, Humber,

Redding,

Bartlett,

Hudeon of Jackson, Redwine,

Beauchamp,

Hodson of Webster, Reese,

-Beck,

bwln, . . .

Rice,

Bishop,

James,

Ricb of Paulding,

Bonner,

Jllcoway,

Rich of Wayne,

Brewer,

Jenkin~,

Rnbbe,

"Brewster,

Jordon,

Robins,

Brinson,

Johnston,

_Robertson.

:Broyles,

Johmon of Echole, Rountree,

Brown,

Johnson of Lee,

Rusell of Clarke,

Books, BW'cb,

Jones Jones

ooff:DBfa.rKtoawlb1,

Ro>sell of Decatur, Rhipp,

Bush,

Jonea of Elbert,

Silman,

CCaarmropt1!,

-Jont>s of Twiggs, Julian,

Sinqut>tleld, Simmons,

Carter,

Key,

Spence,

Cannon,

Kimsey,

Spengltr,

Calvin,

L"'wis,

Smith of Beyan,

Carithers,

Littlt>,

Smith of Wilkinson,

Chancey,

~Afton,

Stallings,

Crenshaw,

Logoe,

Stapleton,

Crittenden,

Lott,

Studdard,

Crumbley,

Maddox,

Sutton,

Courson,

MaHon,

Sweat of Clinch,

Cox,

McRae,

Sweat of Pierce,

Dart,

McKay,

Tate,

Davis,

McCants,

Teasley,

Daniel,

McBride,

Thompson,

Dawson,

McCurry,

Tucker,

Deaton, Dews,

MMccDKoinnonuegy1n,

Waldroop, Waltltal,

DeLacy,

Mcintosh,

Watson,

92

JOURNAL OF THE SENATE.

Drewry, DuPree, Eason, Everett, Falligant, Fitt, Flynt, Ford, Foster, Foy, Fuller, Gary, Geer, GliBSOn1 Gordon, Graham, Gray, Griffin, Grifttth,

McEivaney,

Watts,

McGregor,

Wilder,

}JcWhorter,

Wimberly,

Middlebrooks,

Winningham/

Mitchell,

. Wilson of Bu lock,

Mobley,

Wilson of Greene,

Moore of Hancock, Wilson of Sumter,

Moore of Taliaferro, Wilson of Mcintosh,

Morrow,

Wisdom,

Murray,

Wjthrow,

Osborn,

Witcher,

Owens,

Whatley,

Park,

Wolfe,

Patten,

Wood,

Paulk of Berrien, Wright of Floyd,

Paulk of Coffee,

WrightofWash'gton,

Payne,

Young,

Peek,

Zachry,

Pendleton,

MR. SPEAKRB.

On casting up the vote it appeared that the Hon. John D. Stewart had received 206 votes, the same being the entire vote cast, and a majority of the General Assembly, he was, by the President, declared duly elected Judge of the Flint Judicial Circuit for the term of fonr years, commencing January 1st, 1883.
The President announced as the next busineBB in order, the election of a Judge of the Macon J ndicial Circuit for the term of four years commencing the first of January, 1883, and that nominations would be received therefor.
Whereupon Mr. Gordon of the Hou,;;e put in nomination for said office the Bon. Thomas J. Simmons, of the county of .Bibb.
There being no other nomination, the Secretary, by direc. tion of the President, proc~eded with the call of the roll for said election.
Those voting for Hon. Thomas J. Simmons are, of the Senate, Meesrs. :

Baker, Beall, Bush, Davis, DeWolf, DuBignon, Eakes,

Hughes, Jones, Knight, Lamar, Livingston, Mandeville,
Martin,

Parker, Parks, Peeples, Pike, PolhiU, Roose, Smith,

FRIDAY, NovEYBER 10, 1882.

93

Foster, Frederick,
Georg~,
Greer, Gustin, Guyton, Harris, Hoyt,

McAfee, McDonald, Meldrim, Morlf&n, Neal, Norman, Oliver,

Tatum, 'fbompson, Tutt Walker, Wilcox, Yow,
liB. PRESIDENT,

Of the Honse, MeBBrs. :

Alexander,

Harris,

Proctor,

Alsabrook,

Head,

Rankin,

Atkinson,

Hoge,

Ray of Coweta,

AAwvabrryy1,

Howell, Hulsey,

Ray of Crawford, Redrling,

Barksdale of Lincoln, Hudson of Jackson, Redwine,

Barksdale of Wilkes, Hudson of Webster, Reese,

Bartlett,

Irwin,

Bice,

Beauchamp,

James,

Rich of P1mlding,

Bishop,

Jacoway,

Rich of Wayne,

Bonner,

JenkiJ~s1

Robbe,

Brewer,

Jordan,

Robins,

Brewster,

Johnston,

RobertRon,

Brinson, :Broyles,

Johnson of Ech?ls, Johnson of Lee

RRuosusnetlrleoel Clarke,

Brown,

Jones of Bartow, Russell of Decatur,

Brook,

Jones of DeKalb, Shipp,

Burch,.

Jones of Elbert,

Silman,

:aush,

Jonb8 of Twiggs, Sinqnefield,

Cannon,

Julian,

Simmons,

Calvin, fJaritheri!,

Key,
Kim~~ey,

Spence, Spengler,

Chancey,

L~wi11 1

Smith of Bryan,

Crenshaw,

Little,

Stallings,

Crittenden,

Lofton,

Stapleton,

Crumbley,

Logue,

Studdard,

Courson,

Lott,

Slltton,i

Dart,

MasOn,

Sweat ot Clinch,

D<~.vis,

McRae,

Sweat of Pierce,

Daniel,

McKay,

Tatt>

Dawson,

McBride,

Teasley,

Deaton,

.McCurry,

Thompson,

Dews,

McKinney,

Tucker,

DeLacy,

.McDonough,

Waldroop,

Drewry, DuPree,

..MMcclEntiOvHanbe1y,

Walthall, Watson,

Eason,

.McGregor,

Watrs,

Everett,

.McWhorter,

Wilder,

Fite,

Middlebrooks,

Wimberly,

Flynt,

.Mitchell,

Winningham

Ford, Foster,

Mobley, .Moore of Hancock,

W W

i i

l l

son son

of of

GBruehenoec,k1

Foy,

.Moore of Taliaferro, Wilson of Sumter,

F11ller,

.Morrow,

.

Wtlson of .Mcintosh,

Gary,

Park,

Wisdom,

94

JOURNAL OF THE SENATE.

Geer, Glisson, Gordon, Graham, Gray, Griffin, Griffith, Hawks,

Patten, Paulk of Berrien, Paulk of Coffee, Payne, Peek, Pendleton, Perkins, Pringle,

Whatley, Wolfe, Wood, Wright of Floyd. Wright ofWash'gton. Young, Zachry 1 MR. SPEAKER.

On casting up the vote it appeared that the Ron. Thomas J. Simmons had received 208 votes. The same b~ing the

entire vote cast, and a majority of the General Assembly,

the President declared that he was duly elected Judge of

the Macon Judicial Circuit for the term of four years com-

mencing January 1st, 1883.

The President announced as next in order, the election of a Jnd~e of the Southwestern Judicial Circuit, to fill the

unexpired term ending January let, 1885, and that nomi-

nations therefor would be received.

Whereupon, the Ron. Mr. Walker put in nomination

for said office the Ron. Allen Fort, of the county of Sum-

ter.

Mr. DuPree placed in nomination the Ron. W. H. Fish,

of Macon county.

Mr. Parks nominated the Hon. G. W. Warwick, of the

county of Lee.

.

There being no other nominations, the Secretary, by di-

rection of the President, called the roll. for said election.

Those who voted for the Ron. Allen Fort are, of the

Senate, MeBBrs. :

Beall, DeWolf, DuBignon, George, Greer, GJstin, Hoyt, Hugbe11, Jones,

Lamar,
Livingston, Mandeville, Martin, McDonald, Neal, Peeples, Pike, Polbill,

'Smith, Tatum, Thompson, Tutt Walker,
Wilcox, Yow,
MR. PRESIDENT.

Of the Honse, Messrs. :

.Alsabrook, A vary, Awbry,

Hulsey,

Redding,

Humber,

Redwine,

Hudson of .Jackson, Reese,

FRIDAY, NoVEMBER, 10, 1882.

95

Bartlett,

B'nner,

Brewster,

BBruorockh11, 1

Carroll,

Carter,

Chancey,

Crenshaw,

Crittenden,

Crumbley,

Courson,

Dart,

Davis,

Daniel,

Deaton,

Dews,

DeLacy,

Drewry,

Eason,

Fite,

Foster,

Fuller,

Gary,

Grabae1 Hawk,

1

Hurr,s,

Head,

Doge,

Hudson 9f Webster, Rice,

.Tames,

Rich of Paulding,

.Tacoway,

Robbe,

Jt'nkins,

Robins,

Johnston,

Rountr..e,

Johnson of Echols, Russell of Clarke,

Jones of Dt"Kalb, Ru88t'll of Decatur,

Jones of Elbert,

Shipp,

Jones of Twiggs, Sinquetlt>ld,

Key, Kimsey,

SimrQOn111
St~llings,

Little,

Stapleton,

McRa.e.

Studdard,

McKay,

Sutton,

Mcintosh,

Sweat of Clinch,

Middlebro~oka,

Sweat of Pierce,

MitcheJJ,

Tate,

Mobley,

Teasley,

Park,

Waldroop,

Patten,

Walthall,

Paulk of Berrien, Watson,

Paulk of Coffee,

Watts,

Payne;

Wilson of Bullock,

Peek,

Wilson of Sumter,

Perkins,

Wilson of Mcintosh,

Proctor,

Witcher,

Rankin,

Whatley,

Ray of Coweta,

Wright of Floyd.

Those who voted for the Bon. W. H. Fish are, of the.

.,Senate, Messrs. :

Bush, Davis, Foster, Frederick,

Guyton, Knight, Meldrim, Morgan,

Norman, Ollver. Parker.

Of the Honse, Messrs. :

AtkinRon,

Gordon,

Pendleton,

Barksdale of Lincoln,Oray,

Pringlt",

Barksdale of Wilkes, Griffith,

Ray of Crawford,

Beauchamp,

Bowell,

Robertson,

Bi~hop,

Irwin,

Silman,

Brewer,

.Tonlan,

Spence,

Brinson,

.Tones of Bartow, Spengler,

Broyl~s,

Lofton,

Smith of Bryan,

Brown,

Logue,

Thompson,

Bush,

Lott,

Tucker,

Cannon,

Maddox,

Wilder,

Carithers,

Mason,

Wimberly,

Dawson,

McBride,

Wilson of Greene,

DuPree,

McGrt>gOr,

Wisdom,

Everett,

McWhorter,

Wolfe,

Flynt,

Moore of Hancock, Wood,

Foy,

Moore of Taliaferro, Wright ofWashington

Geer,

Owens,

Young.

GliSBOn,

96

JoURNAL OF THE SENATE.

of Those voting for the Hon. G. W. Warwick are, the

Senate, Messrs. :

Baker, Eakes,

Harris, McAfee,

Parks, R'luse.

Of the Honse, Messrs.:

Calvin,
Co:~r,
Foro. Griffin, . . Johnson of Lee,

Julian, Lewis, McKinney, McDonough,

McEivaney, Rich of Wayne, Winningham, Zachry.

On ~onnting up the vote cast in the said election, it ap peared- that the Hon. Allen Fort had received 122 votes ; Hon. W. H. Fish had received 68 votes; Hon. G. W. Warwick had received 18 votes.
The Hori. Allen Fort having received a majority of all the votes cast, and a majority ala:;o of the General As~em bly,he was declared by the President to be duly elected Judge of the Southwestern Circuit for the unexpired term, ending. January let, 1885.
The President announced as the next business in or.der th~ election of a Judge of the Albany Judicial Circuit to
fiil the unexpired term, ending January let, 1885, and that
nominations ~vould be received therefor. Whereupon, -Mr. Johnston of the Honse put in nomina-
tion Hon. W. P. Jones of the county of-Mr. Spence nominated Hon. Isaac A. Bush of the county
of--
Mr. Shipp nominated the Hon. A. L_. Hawes of the
county ofMr. Russell of the House nominated the Hon. B. B.
Bower of the county of _...._ There being no other nomination the Secretary, by direc
tion of the President, called the roll for said election. Those voting for Hon. W. P. Jones are, of the Senate,
Messrs.:

George, Hoyt, Hughes, Knight,

Lamar,
Martin,
:McDonald,

Morgan, Parks, Rouse.

FRIDAY, NOVEMBER 10, 1882.

.97

Of the Honse, Messrs. :

A vary,
Courson, Dart, Dawson, DeLacy, DuPree, Eason, Flynt, Ford, Gordon, Gray Hawkes,

Harris,

Paulk of Coffee,

Jenkins,

Payne,

Johnston,

Pringle,

Johnson of Lee, Russell of Clarke,

LLeitwtlie!l,1

Studdard, Sutton,

Lott,

Thompson,

Mcintosh,

Waldroop,

Mobley,

Wilson of Mcintosh,

Moore of Taliaferro, Young,

Patten,

MR. SPEAKER.

Paulk of Berrien,

Those voting for the Hon. Isaac A. Bush are, of the Senate, Messrs. :

Baker, Davis, Eakes, Frederick,

Guyton, Norman, Smith, Tatum,

Tutt, Wilcox, Yow.

Of the Honse, Messrs. :

Atkinson, Brewer, Bush, Carter, Calvin, Carither~, ' Chancey, Crittenden, Crumley, Cox, Dellton, Everett, Fuller, Graham, Griffin,

Griffith, HGge, Hudson of J ackscn, Jacoway, Johnson of Echols, Jones of DeKalb, Julian, Kimsey, Logue, Maddox, McBride, McElvaney, McWhorter, Mitchell, Perkins,

Ray of Coweta, Robertson, Spence, Smith of Bryan, Stallings, Stapleton Sweat of Pierce, Teasley, Tucker, Watson, Winningham, Wilson of Greene, Wilson of Sumter, Witcher, Wood.

Those voting for Hon. A. L. Hawes are, of the Senate, Messrs.:

Beall DeWolf, DuBignon, Foster, Greer,

Gustin, Livingston, McAfee, Meldrim, Oliver,

Paull,
Polhill, Thompson, Walker,
MR. PRESIDENT.

Of the Honse, Messrs. :

Awbry,

Foster,

Barksdale of Lincoln,Geert

Barksdale of Wilkes, Heaa,

Peek, Proctor, Redding,

98

JOURNAL OF THE SENATE.

Bartlett, Beauchamp, Bishop, Bonner, Brewster, Brooks, Burch, Carroll, Crenshaw, Davis, Daniel, Dews, File,

Howell, Humber, Hudson of Webster, Irwin, .James, Jordan, .Jones of Bartow, .Jones of Elbert, .Jones of Twiggs, McKay, McKinney Middlebrooks, Moore of Hancock,

Rich of Paulding, Robbe, Robins, Shipp, Silman, Sinquefield, Sweat of Clinch, Tate, Watts, Wisdom, Wright of Floyd, Zachry.

Those voting for the Hon. B. B. Bower are, of the Senate, Messr~:~. :

Bush, Harris,

Mandeville, Neal,

Parker, Pike.

Of the Honse, Messrs. :

Alsabrook, Brinson, Broyles, Brown, Cannon, Drewry, Foy, Gary, Glisson, Hulsey, Key, Lofton, Mason,

McRae, McCurry, McDonough, McGregor, Morrow, Owens, Park, Pendleton, Rankin, Ray of Crawford, Redwine, Reese, Rice,

Rich of Wayne, Rountree, Russell of Decatur, Simmons, Spengler, Walthall, Wilder, Wimberly, Wilson of Bullock, Whatley, Wolfe, Wright of W ashi'gton.

On counting up the vote it appeared that the Hon. W. P. Jones had received 45 votes; Hon. Isaac A. Bush had
received 56 votes; Hon. A. J.. Hawes had received 62
votes; Ron. B. B. Bower had received 44 votes. Neither of the candidates having received a majority of
the votes cast, the Secretary was directed to call the roll for a second ballot.
Those voting for the Ron. W. P. Jones are, of the Sen-
ate, Messrs. :

Baker, George, Hughes, Jones,

Knight, Lamar,
Martin,

McDonald, Morgan, Rouse.

FRIDAY, NovEMBER 10, 1882.

99

Of the House, Messrs. :

A vary, Brooks, Dart, Dawson, Drewry, DuPree, Eason, Ford, Gordon, Graham, Gray, Hawkes,

Harris,

Perkins,

.Jenkin!.',

Pringle,

.Johnston,

RuBBell of Clarke,

.Johnson of Lee,

Stallings,

.Jones of Twiggs, Studdard,

Little,

Sutton,

Mcintosh,

Tate,

Mobley,

Thompson,

Moore of Taliaferro, Wilson of Mcintosh,

Paulk of Berrien, Young,

Paulk of Coffee,

MR. SPEAKER.

Payne,

Those voting for the Hon..Isaac A. Bush are, of the Senate, Messrs. :

Davis, Eakes, Frederick, Guyton,

McAfee, Norman, Parker, Smith,

Tatum, Tutt, Wilcox, Yow.

Of the House, Messrs. :

Atkinson, Brewer, Bush, Carter, Carithers, Chancey, Crittenden, Crumbley, Courson, Cox, Deaton, Dews, Everett, Flynt, Fuller, Glisson,

Griffin Griffith, Hoge, Howell, .Johnson of Echols, .Jones of DeKalb, Kimsey, Lewis, Logue, Lott, Maddox, Mason, McRae, McBride, McElvaney, McGregor,

McWhorter, Mitchell Ray of Coweta, Robertson, Spence, Smith of Bryan, Stapleton, Tucker, Waldroop, Watson, Winningham, Wilson of Sumter, Witcher, Wolfe, Wood.

Those voting for the Ron. A. L. Hawes, are, of the Sen-ate, Messrs. :

Beall, DeWolf, DpBignon, Foster, Greer, Gustin,

Hoyt, Livingston, Meldrim, Oliver, Paull,

Peeples, Polhill, Thompson, Walker,
MR. PRESIDENT.

100

JouRNAL OF .rHE SENATE.

Of the Honse, Messrs. :

Alsabrook,

Fite,

Moore of Hancock,

Awbry,

Foster,

Peek,

Barksdale Barksdale

of Lincoln, of Wilkt!B,

GHeeeMr1,

Proctor, Redding,

Bartlett,

Humber,

Rich of Paulding,

Beauchamp,

Hudson of Jackson, Robins,

Bishop,

Hodson of Webster, Shipp,

Bonner,

Irwin,

Silman,

Brewster,

James,

Sinquefield

Broyles,

Jordan,

Sweat of clinch,

Burch,

Jones of Bartow, Teasley,

Carroll,

Jones of Elbert,

Watts,

Crenshaw,

Jolian,

Wilson of Greene,

Davis,

McKay,

Wisdom,

Daniel,

McKinney,

Wright of Floyd.

DeLacy,

Middlebrooks,

Zachry.

Those voting for the Ron. B. B. Hower are, of the Senate, Messrs.:

Bush, Harrito,

Mandeville, Neal,

Parks, Pike.

Of the House, Messrs. :

Brinson, Brown, Cannon, Calvin, Foy, Gary, Hulsey, Jacoway, Key, Lofton, McCurry, McDonough,

Morrow, Owens, Park, Patten, Pendleton, Rankin, Ray of Crawford, Redwine, Reese, Rice, Rich of Wayne, R.>bbe,

Rountree, Rus9ell of Decatur, Simmons,' Spengler, Sweat of Pierce, Walthall, Wilder, Wimberly, Wilson of Bullock, Whatley, Wright ofWashi'gton

On counting up the vote it appeared that the Ron. W. P. Jones had received 46 votes; Hon. Isaac A. Bush had received 58 votes; Ron. A. L. Hawes had received 64 votes; Hon. .B. B. Bower had received 41 votes.
Neither of the candidates having received a majority of the votes cast, the Secretary was directed to call the roll for a third ballot.
Those voting for the Hon. W. P. Jones are, "of the Senate, Messrs. :

FRIDAY, NovEMBER, 10, 1882.

101

Davis, HGaeroriiSe, 1 Hoyt, Hughes,

Jones, Knight, Lamar, Mandeville,

Martin, McDonald, Morgan, Rouse.

Of the Houee, .Messrs.:

A vary, DeLacy, DuPree, Eason, Ford, Gordon, Gray Hawks, Harris, Jenkins, Johnston,

Johnson of Lee,, l.Jittle, Mcintosh, McWhorter, Mobley, Moore of Hancock, Paulk of Berrien, Paulk of Coffee, Payne, Perkins,

Pringle, Russell of Clarke, SSttauldlidnagrsa1, Sutton, Tate, Waldroop, Wilson of Mcintosh, Young,
MR. SPEAKER.

Those voting for the Ron. Isaac A.. Bush are, of the Senate, Messrs. :

Frederick, McAfee, Smith,

Tatum, Tutt,

Wilcox, Yow.

Of the House, Messrs. :

Atkinson, Broyles, Bush, Carter, Calvin, Carithers, Chancey, Crittenden, Crumbley, Courson, Cox, Dawson, Deaton, Everett, Fuller, Glisson, Griffin,

Griffith,

Ray of Coweta,

Hoge,

Robertson

Howell,

Sinquefield,

Jacoway,

Spence,

Johnson of Echols, Smith of Bryan,

Jones of DeKalb Stapleton

Julian,

Sweat of Pierce,

Kimsey,

Teasley,

Logue,

'l'bompson,

Lott,

Tucker,

Maddox,

Watson,

Mason,

Winningham,

McRae

Wilson of Sumter,

McBride,

Witcher,

.

Mc.Elvaney,

Whatley,

Mitchel,

Wolfe,

Moore of TallafeRO, Wood.

Those voting for the Hon. A. L. Hawes are, of the Senate, Messrs. :

DeWolf, DuBlgnon, Eakes, Foster, Greer, Gustin,

Guyton, Livingston, Meldrim, Oliver, Parker. Paull,

Peeples, Polhill, '.rhompson, Walker, llB. PRESIDENT.

102

JOURNAL OF THE SENATE.

Of the House, Messrs. :

Barksdalt> o'f JJincoln,Head,

Barksdale 01 Wilkes, Humber,

Bartlett,

Hudson of Jackson,

Beauchamp,

Hudson of Webster,

Bonner,

Irwin,

Brew!''~,

James,

Brookt>,

Jordan,

Burch,

Jones of Bartow,

Carroll,

Jones of Elbert,

Crenshaw,

Jones of Twiggs,

Davis,

Lewis, .

Dews,

McKay,

Fite,

McKinney,

Foster,

Middlebrooks,

Geer,

Peek,

Graham,,

Proctor,

Ray of Crawford,

Redding,

Rich of Paulding,

Rich of Wayne,

Robbe,

Robins,

Shipp,

Silman,

Sweat of Clinch,

Watts,

Wilson of Greene,

Wisdom,

Wright of Floyd,

Zachry.



Those voting for the Hou. B. B. Bower are, of the Senate, Messrs. :

Baker, Bush,

Neal, Parks,

Pike.

Of the House, Messrs. :

Alsabrook, Brewer, Brinson, Brown, Cannon, Dart, Drewry, Flynt, Gary, Hulsey, Key,

Lofton, McCurry, McDonough, McGregor, Morrow, Owens, Patten, Pendleton, Rankin, Redwine,

Reese, Rice, Rountree, RuBSell of Decatur, Simmons, Spengler, Walthall, Wilder, Wimberly, WrightofWashingt'n.

On counting up the vote it appeared that Hon. W. P.

Jon~ had received 44 votes; Hon. Isaac A. Bush had re-

ceived 58 votes ; Hon. A. L. Hawes had received 69 votes;

Hon. B. B. Bower had received 36 votes.

Neither of the candidates having received a majority of

all the votes cast, the President directed the Secretary to

call the roll for a fourth ballot.

Those voting for Bon. W. P. Jones, are, of the Senate,

Messrs.:

Hughes, Jones, Knight,

Lamar, Martin, Morgan,

Parker, Parks, Rouse.

FRIDAY, NovEMRER 10, 1882.

103

Of the House, Messrs.:

A vary, Dart, Dawson, DeLacy, DuPree, Eason, Ford,

Hawks, Johnston, Johnson of Lee, Littlt>, Mcintosh, Mobley, Paulk of Berrien,

Paulk of Cotfee, Pringle, Russell of Clarke SSttauldlldnagrsa1, Young,

Those voting for the Hon. Isaac A. Bush are, of the Senate, Messrs. :

Baker, Bush, Frederick, Guyton,

McAfee, McDonald, Smith, Tatum,

Tutt, Wilcox, Yow.

Of the House, Messrs. :

Atkinson, Brinson, Brown, Bush, Carter, Calvin, Carithers, Chancey, . Crittenden, Crumbley, Courson, Cox, Deaton, Everett, Fuller, Glisson, Griffin,

Griffith, Hoge, Howell, Jacoway, Johnson of Echols, Jones of DeKalb, Julian, Kimsey, Logue, L1tt, Maddox, Mason, McRae, McWhorter, Mitchell, PaynP, Perkins,

Ray of Coweta, Robertson, Spence, Smith of Bryan, Stapleton, Sutton, Teasley, Thompson, Tucker, Waldroop, Winningham, Wilson of Sumter, Witcher. Whatley Wolfe, Wood,
MB. SPEAKBB.

Those voting for the Ron. A. L. Hawes are, of the Senate, Messrs. :

Beall, DuBignon, Eakes, George, Greer,

Gustin, Harris, Hoyt, Livingston, Meldrim,

Of the House, MeSirs. :

Paull Polhili, Thompson, Walker.
MB. PRESIDENT,

Awbry,

Foy,

Barksdale Barksdale

of Lincoln, of Wilkes,

HGeeeara1,

Bartlett,

Hudson of Jackson,

Beauchamp,

Hudson of Webster,

Moore of Taliaferro, Peek, Proctor, Rankin, Ray of Crawford,

104

JOURNAL OF THE SENATE.

Bishop, Bonner, Brewer, Brewster, Broyles, Brooks, Burch, Carroll, Crenshaw, Davis, Daniel, Dews, Fite, Flynt, Foster.

Irwin, James, Jordan, Jones of Bartow, Jones of Elbert, Jones of Twiggs, Lewis, McKay, McBride, McKinney, McElvaney, McGregor, Middlebrooks, Moore of Hancock,

Redding Rich of Paulding, Rich of Wayne, Robins, Shipp, Silman, Sinquefield, Sweat of Clinch, Sweat of Pierce, Watts, Wilson of Greene, Wisdom, Wright of Floyd, Zachry.

Those voting for the Ron. B. B. Bower are, of the Sen ate, Messrs. :

Davis, Neal,

Norman,

Pike.

Of the House, Messrs. :

Alsabrook, Cannon, Drewry, Gary, Gordon, Graham, Gray, Harris, Hulsey, Humber, Jenkins,

Key, Lofton, McCurry, McDonough, Morrow, Owens, Plltten, Pendleton, Redwine, Reese, Rice,

Robbe, Rountree, Russell of Decatur, Simmons, Spengler, Walthall, Wilder, Wimberly Wileon of Bullock, Wilson of Mcintosh, Wright of Wash'gt'n.

On counting up the vote cast on. the fourth ba Hot, it appeared that the Ron. W. P. Jones had received 29 votes; Ron. Isaac A. Bush had received 63 votes; Hon. A. L. Hawes had received 74: votes; Hon. B. B. Bower had received 38 votes.
Neither of the candidates having received a majority of all the votes cast, the President directed the Secretary to call the roll for a fifth ballot.
Those voting for the Hon. W. P. Jones are, of the Senate, Messrs. :

Hu~hes,
Knight,

Lamar, Martin,

Rouse.

FRIDAY, NovEMBER 10, 1882.

105

Of the House, Messrs. :

A vary, DeLacy, .Eason, Everett, Ford, Gordon, Hawks,

Humber, Jenkins, Johnston,
Johnson of Loot
.Tont'B of Twiggs, Little,

Mcintosh, Mobley, Morrow, Paulk of Co1fee, Payne, Young.

Those voting for Hon. Isaac A. Bush are, of the Senate, MeEsrs.:

Baker, Bush, Frederick, Guyton,

McAfee, McDonald, Smith, Tatum,

T11tt, Wilcox, Yow.

Of the House, Messrs. :

Atkinson, Brinson, Brown, Bush, Carter, Calvin, Carither;o, Chancey, Crittenden, Crumbley, Courson, Cox, Dart, DawPon, Deaton, Drewry, DuPree, Flynt, Fuller, Gary, Glisson, Graham,

Gray, Griffin, Griffith, Harris, Hoge, Jacoway, Johnson of Echols, Jones of DeKalb, J..ogue, Lott, Maddox, Mason, McRae, McCurry, McEivaney, McGregor, McWhorter, Mitchell, Perkins. Ray of Coweta, Rich of Wayne,

Robertson, Simmons, Spence, Smith of Bryan, Stallings, Stapleton, Studdard, Sutton, Sweat of Pierce, Teasley, Thompson, Tucker, Waldroop, Watson, Winningham, Wilson of Sumter, Witcher, Whatley, Wolfe, Wood, MR. SPEAKER.

Those voting for the Hon. A. L. Hawes are, of the Senate, Messrs.:

Beall, Davis, DeWolf, DuBignon, Foster, George,

Greer, Gustin,
Harris, Hoyt, Livingston, Mandeville,

Meldrim, Paull, Polhill, Thompson, Walker,
M&. PBEBIDBNT.

106

JoURNAL OF THE SENATE.

Of the Honse, Messrs. :

Awbry,

Foster,

Moore of Taliaferro,

Barksdale of Lincoln, Foy,

Peek,

Barksdale of Wilkes, Geer,

Pringle,

Bartlett,

Howell,

Proctor,

Beauchamp,

Hudson of Jackson, Rankin,

Beck,

Hudson of Webster, Redding,

Bishop,

Irwin,

Rich of Paulding.

Bonner,

James,

Robins,

Brewer,

Jordan,

Shipp,

Brewster,

Jones of Bartow, Silman,

Broyles,

Jones of Elbert, l"ilnquefi.eld,

Brooks,

Julian,

Sweat of Clinch,

Burch,

Kimsey,

Tate,

Carroll,

Lewis,

Watts,

Crenshaw,

McKay,

Wilson of Greene,

Davis

McBride,

Wisdom,

Daniel,

McKinney,

Wri~ht of Floyd,

Dews,

Middlebrooks, . Zachry.

Fite,

Moore of Hancock,

Those who voted for the Ron. B. B. Bower are, of the Senate, Messrs. :

Jones,
Mor~tan,
Neal,

Norman, Parker, Parks,

Peeples, P1ke.

Of the House, Messrs. :

Alsabrook, Cannon, Head, Hulsey, Key, McDonough, Owens, Park, Patten,

Paulk of Berrien, Pendleton, Ra.y of Crawford, Redwine, Reese, Rice, Robbe, Rountree,

Russell of Clarke, Russell of Decatur, Spengler, Walthall, Wilder, Wimberly, Wilson of Mcintosh, Wright of Washi'gt'n.

On counting up the vote on the fifth ballot it appeared
that the Hon. W. P. Jones had received 23 votes; Ron. Isaac A . .Bush had received 73 votes; Hon. A. L. Hawes had received 78 votes ; Hon. B. B. Bower had received 35
votes. Neither of the candidates having received a majority of
the votes east, the President directed the Secretary to call the roll for the sixth ballot.
At this juncture the joint session was, on motion, dissolved, to reconvene at 3 o'clock 1'. M.

FRIDAY, NovE'MRER 10, 1882.

107

The Senate repaired to its chamber, and was called to
order by the President. On motion of Mr. Neal leave of absence was granted
Mr. DeWolf.
The following message was received from the House of Representatives through M~. Hardin, the Clerk thereof:

Kr. President:
The Honse of Represenb.tives has agreed to the following resolution, in which it asks the concurrence of the Senate, to-wit :
A resolution correcting an error in the report of the Joint Committee on Elections, to be held by this General Assembly, touching the term of office of the Solicitor-Gen. eral of the Oconee Circuit.

On motion of Mr. Jones the fqllowing joint resolution mentioned in the foregoing message of the House of Representatives was taken up, read and concurred iq, towit:

WHEREAs, It appears that in the report of the Joint Committee on Elections, to be held by this General Assembly, an error was made as t.o the time when the term of office of the Solicitor-General for the Oconee Circuit expires; and
Whereas, The fact is that the full term of Solicitor-General for said Circuit begins December 12th, 1883, instead of January 1st, 1883; therefore
Be it resolved by the House, the &nate concurring, That the error aforesaid be and the same is her,eby corrected, and that the report of the joint committee be amended by striking out said date, "January 1st, 1883, and inserting in lieu thereof the correct date, to.wit, " December 12th, 1883."

108

JOURNAL OF THE SENATE,

The Secretary was, on motion, directed to inform the House of the concurrence of the Senate in the foregoing resolution at once.
Mr. Livingston offered the following resolution, which, having been approved by the proper committee, was read and agreed to by the Senate, to-wit :

Re8olved, That ex-Senator Duncan be invited to a seat on the floor of the Senate during his stay in this city.

The Senate, on motion, adjourned until 3 o'clock P. M.

SENATE CHAMBER, 3 o'clock P. M.

The Senate met pursuant to adjournment, the President in the chair, and repaired in a body to the Representative Hall, where, being received by the House of Representatives, the President took the chair and called the joint session to order, announcing that the unfinished business of the morning would be resumed, to-wit, the election of Judges and Solicitors-General.
The call of the roll on the sixth ballot for the election of a Judge of the Albany Circuit for the unexpired term ending January let, 1883, was pending at the time o:f dissolving the joint session. The Secretory, being directed by the President, proceeded to call the roll for the sixth ballot.
Mr. Johnt~ton, of the House, withdrew the name of the
Hon. W. P. Jones.
Those voting for the Hon. Isaac A. Bush are, of the Senate, Messrs. :

Baker, Eakes, Frederick, Guyton, Harris,

Hughes, I..amar,
McAfee, McDonald,

Norman, Smith, Tatum, Yow.

FRIDAY, NoVEMBER 10, 1882.

109

Of the House, Messrs. :

Atkinson, A vary, Broyles, Brown, Bush, Carter, Calvin, Carithers, Chancey, Crittenden, Courson, Cox, Deaton, Drewry, Everett, Flynt, Ford, Foy, Fuller, Glisson, Gordon, Graham, Gray,

Griffin, Griffith, Harris,
Hoge, Jacoway, Johnston, Johnson of Echols, Jones of DeKalb, Julian, Kimsey, Logue, Lott, Maddox, McRae, McEivaney, McWhorter, Mitchell, Paulk of Berrien, Paulk of Coffee, Payne, Perkins, Ray of Coweta,

Ray of Crawford, Robertson. Spence, Smith of Bryan,
Stallings, Stapleton, Studdard, Sutton,
Sweat.of Pierce, Tate, Teasley, Thompson, Tucker, Waldroop, Watson, Winningham, Wilson of Sumter, Witcher, Whatley, Wolfe, Wood, MR. SPEAKER.

Those who. voted for the Ron, A. L. Hawes are, of the Senate, Messrs. :

Beall, DuBignon,
Fo<~ter,
George, Greer, Gustin,

Hoyt, Livingston, Mandeville, Martin, Meldrim, Oliver,

Paull, Peeples, Polhill, Thompson, Walker,
MR. PRESIDENT.

Of the House, MeBBrs. :

Awbry,

Foster,

Barksdale of Lincoln, Geer,

Barksdale of Wilkes, Hawks,

Bartlett,

Head,

Beauchamp,

Howell,

Beck,

Hudson ofWebs~r,

Bishop,

Irwin,

Bonner,

James,

Brewer,

Jordon,

Burch,

Jones of Bartow,

Crenshaw,

Jones of Twiggs,

Davis,

Lewis,

Daniel,

McKay,

Dews,

McKinney,

Fite,

Middlebrooks,

Peek, Pringle, Proctor, Redding, Rich of Paulding, Robins, Elhipp, Silman, Sinquefield, Sweat of Clinch, Watts, Wilson of Greene, Wright of Floyd, Zachry.

110

JoURNAL OF THE SENATE.

Those voting for the Ron. B. B. Bower are, of the Senate, Messrs. :

Davit', Jones, Knight,

Morgan, Neal, Parker,

Parks, Pike, Rouse.

Of the House, Messrs.:

Alsabrook, Brinson, Brooks, Cannon, Crumbley, Dart, Dawson, DeLacy, DuPree, Eason, Gary, Hulsey, Humber, Hudson of Jackson, Jenkins, Johnson of Lee, Key,

Little, Lofton, Mason, McCants, McBride, McCurry, McDonough, Mcintosh, McGregor, Mobley, Moore of Taliaferro, Morrow, Owens, Park, Patten, Pendleton, Rankin,

Redwine,

Reese,

Rice,



Rich of Wayne,

Robbe,

Rountree,

Russell of Clarke,

Russell of Decatur,

Simmons,

SpenglPr,

Walthal,

Wilder,

Wimberly

Wilson of Bullock,

Wilson of Mcintosh,

Wright of Wash'gton,

Young.

On counting up the vote it appeared that the Bon. Isaac A. Bush had received 80 votes; Ron. A. L. Hawes had received 54 vote~; Ron. B. B. Bower had received 60 votes.
Neither candidate having received a majority of all the votes cast, the Secretary was directed to call the roll for a seventh ballot.
At this juncture, the Ron. C. B. Wooten of the county of Dougherty, was put in nomination by Mr. Mcintosh.
Those voting for the Ron. Isaac A. Bush are, of the Senate, Messrs. :

Baker, Eakes, Foster, Frederick,

Guyton, McDonald, Norman, Smitn,

Of the House, Messrs.:

Tatum, Thompson, Yow.

Atkinson, Avary, Awbry, Bonner, Brewer, Brown,

Gray, Griffin, Griffith, Hoge, Howell, Humber,

Payne, Perkins, Ray of Coweta, Rich of Paulding, Robertson, Sinquetl.eld,

FRIDAY, NovEMBER 10, 1882.

111

Bush, Carter, Calvin, Carither!.l, Chancey, Crittenden, Crumbly, Courson, Cox, Dawson, Deaton, Drewry, DuPree, Eason, Everett, Fuller, Glisson, Gordon, Graham,

Hudson of Jackson, Spence,

Hudson of Webster, Smith of Bryan,

Jordan,

Stallings,

Johnson of Echols, Stapleton,

Jones of Barrow, Studdard,

Jones of DeKalb, Sutton,

Julian,

Teasley,

Kimsey,

Thompson,

Lewi!1,

'l'ucker,

Logue,

Waldroop,

Lott,

Watson,

Maddox,

Winningham,

1\iwon,

Wilson of Sumter,

McRae,

Witcher,

McEivaney,

Whatley,

Mitchell,

Wolf,

Moore of Hancock, Wood,

Moore of Taliaferro, MR. SPEAKER.

Those voting for the Hon. A. L. Hawes are, of the Senate, Messrs. :

Beall, Greer, Livingston,

Meldrim, PPaol1hlli1ll,

Walker,
MR. PRESIDENT.

Of the House, Me1.1srs. :

Barksdale of Lincoln, Hawks,

Barksdale of Wilkes, Irwin,

Beauchamp,

Jacoway,

Bishop,

McKay,

Brewster,

McKinney,

Burch,

McWhorter,

Davis,

Middlebrooks,

Daniel,

Peek,

Dews,

Pringle,

Geer,

Proctor,

Redding, Robbe, Silman, Sweat of Clinch, Tate, Watt!, Wilson of Greene, Wri~~;ht of Floyd, Zachry.

Those voting for the Hon. B. B. Bower are, of the Senate, Messrs. :

George, Harris, Hoyt, Hughes,

Jones, Knight, Mandeville, Morgan,

Neal, Parker, Pike, Rouse.

Of the Honse, Messrs. :

Alsab Beck,

roo

k1

Brinson,

Broyles,

Johnson of Lee, Jones of Twiggs, Key, Little,

Redwine, Reese, Rice, Rich of Wayne,

112

Jou~NAt oF THE S~NATE.

Brooks,

Cannon,

Crenshaw,

Dart,

DeLacy,

Fite,

Ford,

Foster,

Foy,

G H

earaya1,

Hulsey,

Jamt>s1 Jenkins,

McBride, McCorry, McDonough, McGregor, Mobley, Morrow, Owens, Park, PattPn1 Paulk of Berrien, Paulk of Coffee, Pendleton, Rankin, Ray of Crawford,

Robins, Rountree, Russell of Clarke, Russell of Decatur, SpeniZler, SwPat of Pierce, Walthall, Wilder, Wimberly, Wilson of Bulloch, Wilson of Mcintosh, Wright of Washi'gt'n, Young.

Those voting for the Ron. C. B. Wooten are, of the Senate, Messrs.:

DuBignon, Gustin, Lamar,

Martin, McAfee,

Parks, Peeples.

Of the Honse, Messrs.:

Bartlett, Flynt, Harris,

Johnston, Lofton, Mcintosh,

Shipp, Simmons.

On counting up the vote i.t appeared that the Ron. Isaac

A. Bush had received 85 votes; Ron. A. L. Hawes had received 37 votes; Ron. B. B. Bower had received 64 votes; Ron. C. B. Wooten had received 15 votes.

Neither candidate having received a majority of the votes

cast, the President directed the Secretary to call the roll

for the eighth ballot. The name of the Hon. A. L. Hawes was withdrawn by

Mr. Dews of the House, and pending the call of the eighth ballot the name of the Hon. C. B. Wooten was also with-

drawn by Mr. Mcintosh of the House, at the request of

Mr. Wooten.

Those voting for Ron. Isaac A. Bush are, of the Senate,

Messrs.:

Baker, Davis, Eakes, Frederick,
Greer,

Guyton, McDonald, Norman, Oliver,

Smith, Tatum, Tntt Walker.

FRIDAY, NoVEMBER 10, 1882.

113

Of the Honse, Messrs. :

Atkinson,

Hoge,

Perkins,

Awbry,

Hudson of Jackson, Ray of Coweta,

Barksdale of Wilkes, Hudson of Webster, Ray of Crawford,

Bishop,

Johnston,

Rich of Paulding,

Brewer,'

Johnson of Ech?ls, Robertson,

Brown,

Jones of Bartow, Sinquefield,

Burch,

Jones of DeKalb, Silman,

Bush,

J uliau,

Spence,

Carter,

Kimsey,

Smith of Bryan.

Calvin,

Lewis,

Stalllngs,

Cari there,

Lofton,

Stapleton,

Chancey,

Logue,

Studdard,

Crittenden,

Lott,

Sutton,

Crumbley,

Maddox,

Sweat of Pierce,.

Cox,

Mason,

Teasley,

Davis,

McRae

Thompson,

Dawson,

McBride,

Tucker,

Deaton,

McElvaney,

Watson,

DuPree,

McWhorter,

Winningham,

E v.. rt-tt,

Mitchell,

Wilson of Greene,

Fuller,

Moore of Taliaferro, Wilson of Sumter,

Geer,

Paulk of Berrien, Witcher,

Glisson,

Paulk of Coffee,

Wolfe,

Gordon,

Payne,

Wood,

Gray,

Peek,

MR. SPEAKER.

Grimn,

Those voting for Ron. B. B. Bower are, of the Senate,. Messrs.:

Beall, Bush, DuBignon, Foster, George, Gustin, Harriss, Hoyt, Hughes, .Jones,

Knight, Lamar, Livingston, Mandeville, Martin, McAfee, Meldrim, Morgan, :Seal,

Parker, Parks, Paull, Peeples, Pike, Polhill, Rouse, Thompson, Yow,

Of the House, Messrs.:

Alsabrook,

Howell,

ABavra~ryale

of

Lincoln,

Hulsey, Humber,

Bartlett,

Irwin,

Beck,

.James,

Bonner,

Jacoway,

Brewster,

.Jenkins,

Brinson, Brooks,

.Jordan, .Johnson of Lee

Cannon,

Jon&s of Twiggs,

8

Rankin, Redding,
Redwine, .Reese, Bice, Rich of Wayne,. Robbe, Robins,
RRuosusnetlrleoel Clarke,.

114

JOURNAL OF THE SENATE.

Crenshaw, Courson, Dart, Daniel, DeLacy, Drewry, Eason, Fite, Flynt, .Ford, .Foster, Foy, Gary, Graham, Griffith, Hawks, Head,

Key, Little, McKay, McCurry, McKinney, McDonough,
McGre~ror,
Middlebrooks, Mobley, Moore of Hancock, Morrow, Owens, Park, Patten, Pendleton, Pringle, Proctor,

Russell of Decatur, Simmons, Spengler, Sweat ot Clinch, TBte, Waldroop, Walthall, Watts, Wilder, Wimberly, Wilson of Bullock, Wilson of Mcintosh, Whatley, Wright of Floyd. Wright of W ash'gton. Young, Zachry.

Those voting for Ron. C. B. Wooten are, of the Senate,

none.
Of the House, Messrs. :

Beauchamp, Harris,

Mcintosh,

Shipp.

On counting up the vote it appe~red that the Ron. Isaac

A. Bush had received 88 votes; Ron. B. B. Bower had re-

ceived 113 votes; Bon. C. B. Wooten had received 4 votes.

The Ron. B. B. Bower having received a majority of all

the votes cast, and a majority of the General Assembly, he

was declared duly elected Judge of the Albany Circuit for

the unexpired term ending January 1st, 1885.

-

The President announced as the next business in order

the election of a Judge of the Eastern Circuit for the un-

expired term ending January 1st, 1885, and that nomina-

tions therefor would be received.

Whereupon Mr. Owens of the HouRe put in nomination

the Ron. A. Pratt Adams, of the county of Ohatham.

There being no other nomination, the President directed

the 1:3ecretary to call the roll for said election.

Those voting for the Hon. A. Pratt Adams are, of the

.Senate, Messrs. :

Baker, Beall, Bush, .DeWolf,

Knight, Lamar, Livingston, Mandeville,

Paull, Peeples, Pike, Polhill,

F&lDA"t", NoVEM:BER 10, 1882.

115

buBignon, Frederick, Greer) Gustin, Guyton, Harris, Hoyt, Hughes, Jones,

Martin, McAfee, McDonald, Meldrim, Morgan, Neal,
Norma~
PPaarrkkse,r1

Rouse, smith, Tatum, Thompson, Tutt Walker, Wilcox, Yow, MR. PltESIDEN'r.

Of the Hous~ Messrs:

Alsabrook,

Harrill,

Perkins,

Atkinson1 A vary,

Head, Hoge,

Pringle, Proctor,

Awbry,

Hulsey,

Rankin,

.r Barksdale of Lincol~Humber,

Ray of Coweta,

Barksdale of Wilkes, Hudson of ackson, Ray of Crawford,

Bartlett,

Hudson of Webster, Redding,

Beauchamp,

Irwi&,

Redwine,

Beck,

James,

Rice,

Bishop,

Jacoway,

Rich of Paulding,

Bonner,

Jenkins,

Rich of Wayne,

rewster,

Jordan,

Robbe,

Brown,

.Johnston,

Robbins,

Brown,

Johnson of ;Echols, Robertion,

Brooks,

Johnson of J,ee, Rountree,

Burch,

.Jones of Bartow, Russell of Clarke,

BuRh,

Jones of DeKalb, Russell of Decatur,

'Carter,

.Jones of Twiggs, Shipp,

Calvin,

Julian,

Sinquefield,

Carithers,

Key,

Simmons,

'Chancey,

Kimsey,

Spengler,

Crenshaw,

Lewis,

Smith of Bryan,

Crittenden,

Little,

Stallings,

Crumbley,

Lofton,

Stapleton,

Courson,

L~gue,

Studdard,

Dart,

Lott,

Sutton,.

Davis,

Maddox)

Sweat of Clinch,

Daniel,

Mason,

Sweat of Pierce,

Dawso~

McRae,

Tate,

Deaton,

McKay,

Teasley,

Dews,

McCants,

Thompso~

DeL~cy~

McBride,

Walthall,

Drewry,

McCurry,

Watson,

D.1Pree,

McKenney,

Watts,

Eason,

McDonough,

Wilder,

Fite,

Mcintosh,

Wimberley,

Flynt,

McElvaney,

Winningham,

Ford,

McGregor,

Wilson of Bullock,

Fosterl

McWhorter,

Wilson of Greene,

Foy,

Middlebrooks,

Wilson of Sumter,

Fuller.,

Mitchell,

Wilson of Mcintosh,

Gary,

Mobley,

Witcher,

Geer,

-Moore of Hancock) Whatley,

!15

JOURNAL OF" THE S11lNATE.

Glisson, Gordon, Graham,. Gray,
Griffin, Griffith, Hawks,

Moore of Taliaferror Wolf

Morrow,

Wood,.

Owens,.

Wright of Floyd,.

Park,

Wright of Wash'gt'nr

Pattlln,.

Young,

Peek,

Zachry.

Pendletonr

MR. SPEAKER.

On counting up the vote it appeared that the Hon. A. Pratt Adams had received t99 votes, which being the entire vote cast, and' a majority of the General Assemblyr the President declared him to be duly elected J.udge of the Eastern Judicial Circuit for the une~ired term ending January let, 1885,
The joint session was, on motion, dissolved~ to reconvene at 10 o'clock tomorrow.
The Senate withdrew to its chamber and being called toorder by the President, adjourned, on motionr until tomorrow morning at 10' o'clock.

SENATE CHAMB-ER, ATLANTA, GEORGIA, }'
SATURDAY, November 11, 1882, 10 o'clock, A.M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was o:ffered by the Rev. W. H. MclntOE'h, D. D. On the call of the roll the fellewing Senators answere<f te their names :

Baker, Beall,
Bush, Davis, DuBignon, Foster, Frederick,
George~
Greer, Gustin, Harris, Hoyt, Hughes,

Jones, Knight, Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Norman, Oliver,

Parker,. Parks, Paull, Peeples, P1ke, Polhill, Rouse, Smith, Tatum, Thompson, Walker, Yow,
MR. PRESIDENTr

The Journal. was read and. approved~

SATURDA:Y, NovEMBER 11, 1882.

117

'The following message was received from His Ex-cellency, the Governor, through Mr. A vary, his Secretary, to-wit:

.Mr. P'P68iilento;
I am .directed by :His Exceneney 'the ;Governor, to -deliver t9 the Senate a communication in writing, with accompanying documents.

Mr. Peeples offered the f~llowinp; resolution, which havdng been l\}Jpro-ved by the appropriate committee, was read :and agreed tG by the 'Senate, to-wit::

Resol'IJed, That the llion. George W. Bryan be invited to .a seat on thelloor ~f the Senate during his stay in this city.

Mr. Harl'is offered the following resolution, which havilng been approved by the Committee on Privileges of the Floor, was r~ad and agreed to by tlle Senate, to-wit::

Re8owed, That <Col. T. P. Little:lield, proprietor and editor of the Jesup &ntinel, a newspaper published in .Jesup, Ga., be .in-vited to a seat ,in the Senate .during his ,stay in Atlanta.

Lea<Ve of absesce was granted Mr. Tutt unnl Monday; Mr. Beall from 12 o'clock :M. to-day until Monday next; -.to Mr. Guyton until :Monday; to Mr. Eakes until Monday might next.; and to Mr. Martin until 2 o'clock p. m. on :Moaday.
Mr. DuBignon, Chairman of the Ge11eral J udiciar_y Committee, made the follewing report.:

.Mr. PP68i<knt :
The General Judiciary Committee of the Senate have lhad nuder consideration so much of the joint resolution of

11'8

JouRNAL oF THE SEN.A:~.

the Senate and Honee.of Representatives as relates to tlieNortheastern Judicial Cirauit, and have instructed me t~ report the same back to the Senate with the following substitute in lieu of the report of said joint committee, to-wit~
" That there is to be a Judge elected for the Northeastern Judicial Circuit for thP. fuU term of four years, to- commence on the ii.rst day of January, 1883~
" Also that that there is to be a Solicitor-General for the Northeastern Judicial Circuit for the full term of four years, to begin on the :fh-st day of January, 1883~n
I als~ submit hellewith a minority repoo-t signed by two members of the committee._
F:. G. DvBioNoN, Oooirman.

The following is the minOl'ity repoFt t:efel'red to- in the report of the majority of the committee, to-wit~-

.Mr. Presidmt:

The undersigned members o-f the .Judiciary Committee,

to whom was referred so much of the report of the special!

committee appointed to inquire and' repo-rt what officers

were to be elected at this session of the G-eneral Assembly,.

as referred to the Northeastern Circuit, beg leave to- sub-

mit the following minority report:_

That there are, under the Oonstitation,.no elections to be-

held for Judge and Solicitor-General of the Northeaster~

Circuit at this session_ of the General &sembly, for the-

reason that to do so would be to limit the terms of the pres-

ent incumbents to a shorter period than that preecribed by:

the Constitution of the State,. and with great diffidence we-

dissent from tfie view taken by the majority, for the reason.

above given.

T. R. JoNES,

w. PHIL.

DAVJS,

Of the Committee.

On motion of, Yr. DuBignon the foregoing maio1it;1t

SATURDAY, NOVEMBER 11, 1882.

119

and minority reports were made the special order for

Monday next, immediately after the reading of the Journal

The Senate, in a body, repaired to the hall of Represen-

tatives, and being received by the House of Representa-

tives, the President took the chair and called the General

Assembly to order, announcing that the two houses had

convened in joint session to continue the elections provided

for in t~e joint resolution.

He announced as the first business in order the election

of a Judge of the Western Judicial Circuit for the term of

four years beginning January 1st, 1883, and that nomina-

tions would be received therefor.

Whereupon Mr. Peeples placed in nomination for said

office the Hon. Nathan L. Hutchins, of the county of

Gwinnett.

There being no other nomination, the President directed

the Secretary to call the roll for said election.

.

Those voting for the Ron. Nathan L. Hutchins are, of

the Senate, Messre. :

Baker, Beall, Davis, DeWolf, DuBignon, Eakes, Frederick, George, Greer, Barris, Hoyt, Hughes, Jones,

Lamar, Livingston,
Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Norman, Oliver, Parker,

Parks, Paull, Peeples, Pike, Pol hill, Rouse, Smith, Tatum, Thompson, Walker, Yow,
MR. PRESID

Of the House, Messrs.:

Alsabrook,

Griffith,

Atkinson,

Hawk@,

Avary,

Barris,

Awbry,

Bead,

Barksdale of Lincoln, Hoge,

Barksdale of Wilkes, Bowell,

Bartlett,

Hulsey,

Beauchamp,

Hnmber,

Beck,

Hudson of Jackson,

Kimsey, Lewis, Proctor, Rankin, Ray of Coweta, Ray of Crawford, Re(Jding,
Redwine, Reese,

120

JOURNAL OF THE SENATE.

Bishop, Bonner, Brewer, Brf'W!<ter,
Brinson, :8royles, Brown, Brooks, :Bnr,.h,
BCua:rsrho1ll, Carter, Cannon, Calvin, Carithers, Chancey, Crenshaw, Crittenden, Crumbley, Courson, Dart, Davis, Daniel, Dawson, Deaton, l)ews,
DeLacy, Drewry, DuPree, Eason, Everett, Fite, Flynt, Ford, Foster, Foy, Fuller, GE>er, Glisson, Gordon, GrahaCl, Gray,

Hudson of Webster, Rice,

Irwin,

Rich of Paulding,

.Tames,

Rich of Wayne,

.Tacoway,

Robins,

.Jf'nkins,

Robertson,

.Jordan,

Rountree,

.Johnson of Echols, Russell of Clarke,

.Johnson of Lee,

Shipp,

.Tones of Bartow, Silman,

.Tones of DeKalb, Sinquefield,

.Tones of Twiggs, Simmons,

.Julian,

Spence,

Key,

Spengler,

Little,

Stallings,

Lofton,

Stapleton,

Logue,

Studdard,

Lott,

Sutton,

Maddox,

Sweat of Clinch,

Mason.

Sweat of Pierce,

McRae,

Tate,

McKay,

Teasley,

McBride,

Thompson,

McCurry,

Tucker,

McKinney,

Waldroop,

Mcintosh,

Walthall,

McElvaney,

Watson,

McGregor,

Watts,

McWhorter,

Wilder,

Middlebrooks,

Wimberly,

MitchelJ,

Winningham,

Mobley,

Wilson of Bullock,

Moore of Hancock, Wilson of Greene,

Morrow,

Wilson of Sumter,

Owens,

Wilson of Mcintos

Park,

Whatley,

Patten,

Wolf,

Paulk of Berrien, Wood,

Paulk of Coffee,

Wright of Floyd.

Payne,

Wright of W ashingt'o

Peek

Young,

Pt>ndleton,

Zachry,

Pringle, .

Mr. SPEa.KER.

On counting np the vote it appeared that the Ron. Na- than L. Hutchins had received 190 votes. The same being the entire number of votes cast, and a majority of the General Assembly, the President declared the Hon. Nathan L. Hutchins toLe duly elected Judge of the Western Judicial Circuit for the term of four years, beginning January 1st, 1883.
The .President announced that the next business in order

SATURDAY, NovEMBER 11, 1882.

121

was the election of a Judge of the Brunswick J udieial Circuit for the term of four years beginning January 1st, 1883, and that nominations would be received therefor.
Whereupon Mr. McDonald nominated the Ron. Martin L. Mert~hon, of the county of Glynn.
There being no other nomination, the President in structed the Secretary to call the roll for saiJ election.
Those voting for the Hon. M. L. Mershon are, of the Senate, Messrs.:

BBaeakne,r,
Bu!!b, DuBignon, Foster, Frederick,
Georl'e, Gustm, Harris, Hoyt, Hughes,

Knight, Lamar, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Norman, Oliver,

Parker. ParkE<, Paoli, Peeples, Pik>, Pol hill, Rouse. Tatum, Thompson, Walker,
MR. PRESIDENT.

Of the Honse, Messrs.:

Alsabrook,

Hawkes,

Pendleton,

Avary,

Harris,

Prin~le,

Awbry,

Head,

Proctor,

Barksdale of Lincoln, Hoge,

Rankin,

Barksdale of Wilkes, Howell,

Ray of Coweta,

Bartlett,

Hulsey,

Ray of Crawford,

Beauchamp,

Humber,

Redding,

Beck,

Hudson of .Jackson, Redwine,

Bishop,

Hudson of Webster, Reese,

Bonner,

Irwin,

Rice,

Brewer,

.Tames,

Rich of Paulding,

Brewster,

Jacoway,

Rich of Wayne,

.Hroyles,

.Jenkins,

Robins,

Brown,

.Jordan,

Robertson,

Brooks,

.Johnston,

Russell of Clarke,

Burch,

.Johnson of Echols, Silman,

Bush, Carter,

.Johnson nf Lee, .Tones of Barrow,

Ainquefield Sin1mons,

1

Cannon,

.Tones of DeKalb, Spence,

Carithers,

.Tones of Twiggs, Spengi..r,

Chancey,

.Julian,

Smith of Bryan,

Crenshaw,

Key,

Smith of Wilkinson,

Crittenden,

Kimsey,

Stallings,

Crumbley,

Lewis,

Stapleton,

Courson,

Little,

Studdard,

Dart,

Lofton,

Sutton,

Davis,

Logue,

Sweat of Clinch,

122

JOURNAL OF THE SENATE.

Daniel, Dawson, Deaton, Dews, DeLacy, Drewry, DuPree, Eason, Everett, Fite, Flynt,
Ford,
Foster, Foy. Fuller,
Geer, Glisson, Gordon,
Graham, Gray,
Griffin, .
Griffith,

Lott, Maddox, MMon, McR11e,
McKay, McBride. McCurry, McKinney, McDonough, Mcintosh,
McElvauey, Mitchell, Ml)bley,
Moore of Hancock, Murrow, owens,
Park, PattE>n, Paulk of Berrien, Paulk of Coffee,
Payne, Peek,

Sweat of Pierce, Tate,
Teasley, Thompson, Tucker,
Walthall, Watson, Watts, Wilder, Wimberly, Winningham,
Wilson of Bullock, Wilson of Sumter, Wilson of Mcintosh, Whatley,
Wolfe, Wood, Wrillht of Flovd. Wright of Washi'gt'n
Youn~~:,
Zachry.
MR. SPEAKI':R.

On counting up the vote it appeared that the Hon. M. L.

Mershon had received 175 votes. The same being the en-

tire number of votes cast and a majority of the General

Assembly, the President declared the Hon. Martin L. Mer-

shon duly elected Judge of the Brunswick Judicial Circuit

for the term of four years, beginning the first of January,

1883.

The President announced as the next business in order

the election of a Judge of the Ocmulgee Judicial Circuit

for the term of four years, beginning Janua1y 1st., 1883,

and that nominations would be received therefor. Mr. Hawks, of the House, nominated the Ho'n. Thomas

G. Lawson, of the county of Putnam. Therd being no

other nomination the President directed the Secretary to

call the roll for said election.

Those voting for the Hon. Thomas G. Lawson are,' of

the Senate, Messrs.:

Baker, .Beall, Bush, DuBignon, Frederick, GeorgE',

Jones, Knight, Lamar, Martin, McAfee, McDonald,

Parker, Parks,
Paull, Pol hill, Rouse, Tatum,



SATURDAY, NOVEMBER 11, 1882'.

123

Greer, Gustin.
Harri~;
Hoyt,

Meldrim, Morgan, Neal, Oliver,

Thompson, Walker,
MB. PRESIDENT.

Of the Honse, Messrs. :

Alsabrook,

Hoge,

Rankin,

Avary,

Howell,

Ray of c.1weta,

Awbry,

Hulsey,

Ray of Crawford,

Barksdale of Lincoln,Humber,

Rellding,

:Barksdale of Wilkes, Hudson of Jackson, Redwine,

Et>ck,

Hudson of Webster, Reese,

Bishop,

Irwin,

Rice,

Bonner,

James,

Rich of Paulding,

Brewer,

Jac >way,

Rich of W:~yne,

Brewster,

Jenkins,

Robins,

Brinson,

Jordan,

Robertson,

Brown,

Johnston,

Rountree,

Brooks,

Johnson of Echols, Russell of Clarke,

Burch,

Johnson of Lee,

Shipp,

Bush,

Jones of Bartow,

Silman~

Carter,

Jones of DeKalb, Sinquefield,

Cannon,

Jones of Twiggs, Simmons,

Carithers,

J nlian,

Spence,

Chancey,

Key,

Spengler,

Crenshaw,

Kimsey,

Smith of Bryan,

Crittenden,

Lewis,

Smith of Wilkinson,

Crumbley,

Little,

Stallings,

Courson,

Lofton,

Stapleton,

Dart,

Logue,

Studdard,

Davi!11 Daniel,

Lott, Maddox,

Sutton, Sweat of Clinch,

Dawson,

Mason,

Sweat of Pierce,

Deaton,

McRRe,

.rate,

Dews,

McKay,

Teasley,

DeLacy,

McBride,

Thompson,

Drewry,

McCurry,

Tneker,

DuPree,

McKinney.

Waldroop,

Eason,:

Mcintosh,

WalthaH,

Ev..rett,

McElvaney,

Watson,

Fite,

McGregor,

Watts,

Flynt,

McWhorter,

Wilder,

Ford,

M,tchell,

Wimberly,

Follter,

Mobley,

Winningham,

Foy,

Moore of Hancock, Wilson of Bulloek,

Fuller,

Morrow,

Wilson of Greene,

Geer,

Owens,

Wilson of Sumter,

Glisson,

Park,

Wilson of Mcln tosh,

Gordon,

Patten,

Whatley,

Graham~

Paulk of Berrien, Wolfe,

Gray,

Paulk of Coflee,

Wood,

Griffin,

Payne,

Wright of Floyd,

Griffith,

Peek,

Wright of Wash'ngt'n

Hawkes,

Pendleton,

Young,

Harris,

Pringle,

Zachry,

Head,

Proctor,

MB. l:!l'EAKEB.

124

JOURNAL OF THE SENATE.

On counting up the vote it appeared that the Ron.

Thomas G. Lawson had received l~L votes, which being

the entire number cast and a majority of the General As.

sembly, the President declared him duly elected Judge of

the Ocm ulgee J udidal Circuit for the term of four years,

beginning January 1st, 1883.

The President announced as the next business in order,

the election of a Judge of the Middle Circuit for the

term of four years, from Jannary 1st, 1883, and that nom-

inations therefor would be received.

Whereupon Mr. Polhill nominated the Ron. R. W. Cars-

well, of the county of Jefferson, and Mr. Pringle nomina-

ted Mr. John M. Gilmore.

,There being no other nominations the President directed

the Secretary to proceed with the call of the roll for said

election.

Those voting for the Ron. R. W. Carswell are, of the

Senate, Messrs.:

Bush, Foster, George, Gustin, Harris, Hoyt, Hughes, .Jones,

Knight, Lamar, Mandeville, Martin, McDonald, Meldrim, M.rgan, Neal,

Oliver, Parker, Paull. Pike, Polhill, Thompson,
MR. PRESIDENT.

Of the House, Messrs.:

Avary,

Howell,

Rich of Wayne,

Awbry,

Hulsey,

Robins,

Barksdale of Lincoln., Humber,

Rountree,

Barksdale of Wilkes, Hudson, of Jackson, Hhipp,

Beck,

Jenkin!!,

Silman,

Bonner,

.Johnson of .Echols, Sinquefield,

Brewer,

Jones of Bartow, Spence,

Brewster,

Jones of DeKalb, Spengler,

Brown,

.Jones of Twiggs, Smith of Bryan,

Brooks,

Julian,

Smith of Wllkiueon,

Bush,

Key,

Stapleton,

Carter,

Kimsey,

Studdard,

Cannon,

Lewis,

Sutton,

Crenshaw,

Little,

Sweat of Clinch,

Carithers,

Lott,

Sweat of Pierce,

Crumbley,

Maddox,

Thomp!lon,

Daniel,

Mason,

Waldroop,

SATURDAY, NovEMBER 11, 1882.

125

Dawson, DeLacy, Drewry, DuPree, Eason, Everett, Flynt, Foster, Fny, Fuller, Geer, Glisson, Griffith,

McRae, McKay, 1\tcBride, McGregor, Mobley, Morrow, Owens, Park, Pattt'n, Paolk of B~rrlen, Paulk of Coffee, Ret-se, Rice,

Walthall, Watson, Wilder, Wimberly, Wilson of Bullock, Wilson of Greene, Whatley, Wolfe, Wood, Young, Zachry,
MR. SPEAKER.

Tho::e voting for the Hon. John M. Gilmore are, of the

Senate, Messra.:



Baker, Beall, DuBignon, Frederick, Greer,

Livingston, McAfee, Norman, Parks, Peeples,

Rouse, Tatum, Walker, Yow.

Of the House, Messrs.:

Al8abrook, Barrett, Beauchamp, Bishop, Broyles, Burch, Ct1ancey, Crittenden, Courson, Dart, Davis, Deaton, Dew!', FFoitrea1, Gordon, Graham, Gray, Griffin, Hawkes, Harris,

Head,

Pringle,

Hoge,

Proctor,

Hu.dson, of Webster, Rankin.

Irwin,

Ray of Coweta,

James,

Ray of Crawford,

Jacoway,

Redding,

Jordan,

Redwine, .

Johnston,

Rich of Paulding,

Johnson of Lee,

Robertson,

T~ofton,

Russell of Clarke,

Logue,

Simmons,

McCurry,

Stallings,

McKinney,

Tate,

Mcintosh,

Teasley,

McElvaney,

'l'ucker,

McWhorter,

Winningham,

Mitchell,

Wilson of Sumter,

Moore of Hancock, Wilson of Mcintosh,

Peek,

Wright of Floyd,

Pendleton,

Wright ofWash'ngt'n.

On counting up the vote it appeared that the Ron. R. W. Carswell had received 114 votes, Hon. John M. Gilmore had received 75 vot~s.
The Ron. R. W. Carswell having received a majority of all the votes cast, and the same being a majority of the Gen-

1~6

Jou&:NAl.. oF' rn:E S'ENA.'l':E.

eral Assembly, he was declared duly elected Judge of th~ Middle Judicial Circuit for the term of four years, be~in ning January 1st, 1883.
The President announced as the next business in order, the election of a Judge of the Pataula Circuit for the term 'Of four years from the 1st of lanuary, 1883,and that nominations would be received therefor.
Whereupon Mr. Meldrim nominated the Hon.Tohn T-.
Clarke, of Randolph county. Mr. Crittenden nominated the Hon. Arthur Hood, of
Randolph oounty. Mr. .J?arks nominated the Hon. L. C. Hoyle, of Terrell
county. The1-e being no other nominations the Secretary pro
ceeded to call the roll for said election. Those voting for the Hon. John T. Clarke are, of the
Senate, Messrs. :

Dnvis, DuBignon, Foster, Frederick, George, HHaurgrhi8es1 , Knight,

L'lmar, Martin, McDonald, Meldrim, Morgan, Neal, Norman, Oliver,

Parker, Pauli, Smith, Tatum, Thompson, Walker,
MR. PRESIDENT,

Of the House, Messrs. :

Awbry,

Head,

Barksdale of I,.lncoln,Hoge,

Barksdale of Wilkes, Hulsey,

Bishop,

Humber,

Bonner,

Irwin,

Brewer,

James,

Brewster,

Jacoway,

Brown,

Jenkins,

Carter,

Jordan,

Cannon,

Johnson of Lee,

Crenshaw,

Jones of DeKalb,

Courson,

Jones of Twig~~;s,

Davis,

Julian,

Daniel,

Kimsey,

Dawson,

LewiP,

Dews,

Lofton,

DeLacy,

L?gue,

Drewry,

L-Jtt1

Paulk of Ce~ffee, Proctor, Ray of Coweta, R-1y of Crawford, Reese, Rich of Wayne, Robins, Robertson, Russell of Clarke, Shipp, Sinquefield, Smith of Bryan, Smith of Wilkinson, Stallings, Scapletnn, Studdard, Sutton, Sweat of Pierce-,

SATURDAY, NoVEMBER 11, 1882.

127

Eason,

Everett,

Flynt,

Fuller,

Glisson,

Gordon,

Graham,

Gray,

Griffin,

G H

raiwtlkitebs1,

Harris,

McKay, McCurry, McKinney, McElvaney, McGregor, McWhorter, Mitchell, Mobley, Moore of Hancock, Owens, Park, Paulk of Berrien,

Tncker, Waldroop. WalthalJ, Watts, Wilson of Bnllock1 Wilson of Sumter, Wilson of Mcintosh, Whatley, Wolfe, Wood,
MR. SPEAKER.

Those voting for the Hon. Arthur Hood are, of the Senate, Messrs.:

Baker, Beall, Bush,

Hoyt, Livingston, Mandeville,

Peeples, Polhill1 Yow.

Of the House, Messrs. :

Alsabrook, Avary1 Bartlett, Beck, Brooks, Burch, Bush, Carithers, Chancey, Crittenden, Crumbley, Dart, Deaton, Fite,

Foster, Gary, Geer, Howell, Johnston, Johnson of Echols, Key, Little, Maddox, McRae, McBride, Mcintosh, Morrow, Patten,

Pendleton, Reddiug1 Rice, Rich of Paulding, Rountree, Spence, Spengler, Sweat of Clinch, Thompson, Watson, Wimberly, Winningham, Wil8on of Greene, Wright of Floyd.

Those voting for the Hon. L. C. Hoyle are, of the Sen ate, Messrs.:

Greer, Gustin, Jones,

McAfee, Parks,

Of the House, Messrs. :

Beauchamp,

Jones of Bartow,

Broyles,

Mason,

DuPree,

Payne,

Ford,

Pringle,

Foy

Rankin,

Hudson of Jackson, Redwine,

Hudson of Webster, Silman,

Simmons, '!'ate, Teasley, Wilder, Wright of Wash1gton1 Young.

128

JOURNAL OF THE SENATE.

On counting np the vote it appeared that the Hon. John T. Clarke had received 114: votes; Hon. Arthur Hood had received 50 >otes; Hon. L. C. Hoyle had received 27 votes.
The Hon. John T. Clarke having received a majority of all the votes cast, the same being also a majority of the General Assembly, he was by the President declared duly elected Judge of the Pataula Judicial Circuit for the term of four years, commencing the first of January, 1883.
The President announced that the business for which the two houses had been convened in joint session was finished, whereupon the joint session was, on motion, dissolved.
The Senate withdrew to its chamber, and was called to order by the President.
On motion of Mr. DuBignon, leave of absence was granted the Hon. W m. A. Harris, Secretary, until Tuesday next, on account of the death of a relative.
Leave of absence was granted Mr. Parks, for Monday next, on account of sickness in his family.
The Senate, on motion, was resolved into executive session, and after spending some time therein, returned to open session.
On motion of Mr. Parks the rules were suspended, when he offered the following bill, which was read the first time and referred to the Committe on Judiciary, to-wit :
By Mr. Parks : A bill to alter and amend the Constitution of this State by striking therefrom the fifteenth and sixteenth paragraphs of section seven, article three, in reference to special and local bills ; to provide for submitting this amendment to the people for ratification and for other purposes.
On motion of Mr. DnBignon, the following message from His Excellency the Governor, was taken up, read and referred to the Committee on Agriculture, to-wit:

SATURD' AY, NovEMBER 11, 1882.

129

ExECUTIVE DEPARTMENT,

To the General A.Ysembly :

ATLANTA, GEORGIA.

I herewith submit to each of your bodies a copy of a let-

ter recently received from theN ew England Manufacturer's

and Mechanic's Institute, of Boston, Mass., inviting the

State of Georgia to make an exhibit of its agricultural

products and resources at that Institute, next year, which

letter explains itself very fully.

I thiuk it proper to submit this matter to yonr considera-

tion for such action as you may deem proper in the prem

ises.

ALEXANDER H. STEPHENs.

:NEw ENGLAND MANUFACTURER's AND MEcHANic's

}

INsTITUTE, TREASURER's OFFICE, 38 HAWLEY ST.,

.

BosToN, MAss., October 30th, 1882.

To Hi.~ Excellency the Governor of Georgia :

In behalf of the New England Manufacturers' and Mechanics' Institute, and by the authority of the Official Board, I hereby extend to the State of Georgia a eordial invitation to make an exhibit of its agricultural products and resources, at the third annual fair of the Inetitute, which will be opened the first week of September, 1883. and continued until a day in November to be determined hereafter.
An invitation of like tenor has been sent to the Governor of every one of the Southern States.
The purpose of the proposed exhibition is to afford an opportunity to all those Statt:s and ferritories which wish for settlers from the North, to present, in practical shape; examples of the products of the soil, illustrative of its adaptability to the various branches of planting, farming and horticulture.
The new railway system of the great West, will be invited to make a similar exhibition at the Institute, that the North may thus become, for the time being, the arena in which the South and West may compete with each other,

9

130

JOURNAL OF THE SENATE.

for that surplus population which yearly leaves New England in search of homes elsewhere.
This invitation is forwarded at this early day, that your Excellency may have ample time to consider the subject, and to make such suggestions thereon to the Legislature of your State as you may deem appropriate.
With high consideration, I am, sir, Y onrs most respectfully, FREDERICK D. GRIFFIN, Secretary.

The Senate adjourned on motion until Monday 10 o'clock, A. M.

SENATE CHAMBER, ATLANTA, GEORGIA, }
MoNDAY, November 13th, 10 o'clock, A.M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, Chaplain of the Senate.
On the call of the roll the following Senators answered

to their names :

Bush, Davis,
DeWolf,
DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin, Harris, Hoyt,

Hughes, Jones, Knight, Lamar, Livingston, Mandeville, McAfee, McDonald, Meldrim, Morgan,
Neal,
Norman,

Oliver, Parker, Paull, Peeples, Pike, Polhill, Rouse, Smith, Tatum, Thompson,
Walker,
MR. PRESIDENT.

The Journal was read and approved. On motion of Mr. Frededck, leave of absence was granted Mr. Baker for this day. On motion of Mr. DuBignon the special order for this morning immediately after the reading of the Journal was discharged, to-wit: the majority and minority reports of the

MONDAY, NOVEMBER, 13, 1882.

131

General Judiciary Committee on the subject of elections for a Judge and Solicitor-General of the North-eastern Judicial Circuit.
On the call of the roll, the following bills were introduced, read the first time, and referred as severally indicated, to-wit:
By Mr:. McDonaldA bill to prevent the running of excursion trains on the Sabbath day. Referred to the Committee on Railroads. Also, by Mr. McDonaldA bill to amend section 1424 of the Code of 1~82, so as make the seller of liquors in quantities less than five gallons, a retailer. Referred to the Judiciary Committee. By Mr. HarrisA bill to revise the Superior Court calendar for all the counties composing the Brunswick Judicial Circuit, and for other purposes. Referted to the Judiciary Committee. By Mr. TatumA bill to provide for the pay of witnesses in criminal caees in the Superior Courts, and for other purposee. Referred to the Finance Committee. Mr. McDonald offered a joint resolution requesting our Senators and Representatives in Congress to use their influence to procure the passage of an act aiding the States in a system of general education, either by direct avpropriation of moneys or from the proceeds of the public lands. The resolution was a~reed to. 'fhe following message was received from His Excellency the Governor, through Mr. Avery, his Secretary, to-wit:

.Mr. President:
I am directed by His Excellency the Governor, to deliver to the Senate a communication in writing.

On motion of Mr. Greer, the communication mentioned in the foregoing message of His Excellency the Governor, was taken up and read, and is as follows, to-wit:

132

JOURNAL OF THE SENATE.

ExECUTIVE DEPARTMENT, STATE OF GEORGIA, } ATLANTA, GA., November 11th, 1882.
To the General .Assembly :
I hereby give you official notification of the death of the late Ron. Benjamin H. Hill, United States Senator from Georgia in the Congress of the United States. He departed this life on the 16th day of August last.
The duty therefore will devolve upon you to fill the vacancy of his unexpired term.
ALEXANDER H. STEPHENS.

Mr. Davis offered the following resolution, which being approved by the appropriate committee, was taken up, read and agreed to :

Resolved, That Mr. George C. Grogan be invited to a seat on the floor of the Senate during his stay in this city.

Mr. Greer offered the following resolution which was taken np and read, to-wit:
Resolved by the Senate, the House of Representatives
conmtrring therein, That in the elections to be held for the unexpired term of United States Senator, and also for the full term of United States Senator, that the election for the full term be held prior to the election for the unexpired term.

Mr. DuBignon moved to lay the resolution on the table for the present. This motion did not prevail.
Mr. Davis offered the following as a substitute for the original resolution, to-wit:

Resolved by the Senate, the House of Representatives concurring th&rein, That the elections to be held for United States Senator for the unexpired term, and also for the full term, that the election for the unexpired term be held first.

MoNDAY, NovEMBER 13, 1882.

133

On motion of Mr. Tatum, the original resolution and the proposed substitute were laid on the table.
The following mes~age was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House of Representatives has agreed to the following joint resolution, in which it asks the concurrence of the Senate, to-wit :
A resolution prescribing the time when each house of this General Assembly shall vote for a United States Senator to fill the vacancy caused by the death of the Hon. B. H. Hill, and also when each house shall vote for a United States Senator for the term beginning March 4th, 1883.

On motion of Mr. Tatum. the joint resolution mentioned in the foregoing message from the House was taken up. The same is as follows, to-wit:

Res{)lved by the House, the Senate concurring, That the two houses of this General Assembly shall proceed at twelve o'clock, M., on Tuesday next, the 14th instant, to elect a United States Senator to fill the vacancy caused by the death of the Ron. B. H. Hill.

One vote shall be taken by each house in the manner prescribed by law.
Be it further resolved, That immediately after the vote is taken in each house as above stated, each house shall proceed to take one vote for a United States Senator, whose term of office shall begin on the 4th day of March next, and continue for the full term of six years.
The foregoing resolution was concurred in by the Senate, and the Secretary was, on motion of Mr. Davie, instructed to report to the House of Representatives, at once, the action of the Senate thereoa.

134

JOURNAL OF THE SENATE.

There oeing no other bnsiness on the desk of the Secre tary, the Senate adjourned, on motion, until 10 o'clock, A. M., to-morrow.

SENATE CHAMBER, AfLANTA, GEORGIA, }
Tuesday, Nov. 14, 1882, 10 o'clock A.M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Joneli!, D. D., Chap lain of the Senate.
On the call of the roll the following Senators answered to their names :

Baker, Beall, Bush,
Davis,
DeWolf, DuBignon,
Eakes,
Foster, Frederick, George, Greer, Gustin, Guyton, Harris, Hoyt,

Hughes, JonC!I, Knight, Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim,
Morgan,
Neal, Norman, Oliver,
Parker,

Parks, Paull, Peeples, Pike, Pol hill, Rouse, Smith, Tatum, Thompson, Tutt, Walker, Wilcox, Yow,
MR. PRESIDENT.

The Journal was read and approved. Mr. Boynton, President, offered the followin~ resolution, which having been approved by the proper committee, was taken up, read and agreed to by the Senate, to-wit :

Resolved, That Ron. Seaton Grantland and the Hon. T. B. Cabaniss, ex-Senator!!, be invited to seats on the floor of the Senate during their stay in this city.

Mr. George offered the following resolution, which being

approved by the appropriate committee, was read and

agreed to by the Senate ; to-wit :



TuEsDAY, NovEMBER 14, 1882.

135

Resolved, That the Ron. P. S. Burney, Mayor of the city of Madison, be invited to a seat on the ftoor of the Senate.

On motion of Mr. Davis, the Senate took up for consideration the majority and minority reports of the General Judiciary Committee, which are as follows; to-wit :

Mr. Prtsid&nt:
The General Judiciary Committee of the Senate have had under consideration so much of the joint resolution of the Senate and House of Representatives as relates to the North-eastern Judicial Circuit, and have instructed me to report the same back to the Senate, with the following substitute in lieu of the report of said joint committee, towit:
That there is to be a Judge elected for the Nort-heastern J ndicial Circuit for the full term of four years, to commence on the first day of Jannary, 1883.
Also, that there is to be a Solicitor-General elected for the North-eastern Judicial Circuit for the full term of four years, to begin on the first day of January, 1883.
I also submit herewith a minority report, signed by two members of the Committee.
F. G. DuBIGNON, Chairman.
MINOBTIY RKPORT.
Mr. President:
The undersigned members of the Judiciary Committee, to who whom was referred so much of the report of the Special Committee appointed to inquire and report what officers were to be elected at this session of the General Assembly, as referred to the North-eastern Circuit, beg leave to submit the following minority report:
That there are under the Constitution no elections to be held for Judge and Solicitor-General of the North-eastern

136

JOURNAL OF THE SENATE.

Circuit at this session of the General Assembly, for the

reason that to do so would be to limit the terms of the

pre!'cnt incumbents to a shorter period than that prescribed

by the Constitution of the State, and with great diffidence

we dissent from the view taken by the majority for the rea-

son above given.

T. R. JoNES,

w. PHIL.

DAVIS,

Of the Committee.

After the discussion o! the pending proposition, Mr. Oliver having the floor, and yielding for this motion, its further consideration was postponed until to-morrow morning
10t 10 A. ::r.r., and it was made the special order for that hour.
Mr. Tutt offered the following resolution, which being approved by the proper committee, was agreed to by the Senate, to-wit :

Resolved, That Bon. W. T. Revill,of the county of Merriwether, be invited to a seat on the floor of the Senate during his stay in the city.

Mr. Peeples offered the following resolution which, being approved by the proper committee, was agreed to by the Senate, to-wit :

Resolved, That the Ron. J. B. Cumming, of the county of Richmond, and the Ron. W. E. Simmons, of the county of Gwinnett, be invited to seats on the floor of the Senate during their stay in this city.

At the hour of 12 o'clock, meridian, the President announced that the time fixed by joint resolution of the two houses had arrived to ballot for a United States Senator to fill the unexpired term of the Bon. B. H. Hill, deceased.
Whereupon Mr. Eakes placed in nomination, for the unexpired term the Ron. B. H. Hill, Jr., of the county of Fulton.

TuEsDAY, NovEMBER 14, 1882.

137

The nomination was seconded by Mr. Baker. Mr. DuBignon put in nomination the Hon. Pope Barrows, of the county of Clarke. This nomination was seconded by Mr. Livingston. Mr. Meldrim rose to a privileged question, and asked to be excused from voting in this election. His request was granted. The following Senators voted as theh names were called, for the Hon. B. H Hill, J1., to-wit, Messrs.:

Baker, Beall, Eake!:',
Gu~tin,
Guyton,

Harris, Hoyt, Hughes, Maudeville,
Norman,

Oliver,
R<~use,
Wilcox,
MR. PRESIDENT.

The whole number of votes cast for the Hon. B. H. Hill, Jr., were 14.
The following Senators voted for the Hon. Pope Barrow, to-wit, Messrs.:

Bush, Davi!l1
DeWolf, DuBignon,
Foster, Frederick,
George,
Greer, .Jones,
Knight,

Lamar, Livingston,
Martin,
McAfet-,
McDonald,
Morgan, N ...al, Parker,
Parks, Paull,

PePp]es,
Pike, Pol hill, Smith, 'l'atum,
Thompson, Tntt.
Walker, Yow.

The whole number of votes cast for the Hon. Pope Barrow was 29.
The whole number of Senators voting was 43-one excused.
The President having declared the result of the ballot for the unexpired term, announced that the Ron. Pope Harnw had received a majority of all the votes cast.
The President announced that the next business in order was the election of a United States Senator for the term of six years, commencing on the 4th of March next, and that nominations therefor would be received.

138

JOURNAL OF THE SENATE.

Whereupon Mr. Lamar nominated the Hon. James JackEon, of the county of Fulton.
This nomination was seconded by Mr. DeWolf. Mr. Gustin nominated the Hon. Clifford Anderson, of the county of Bibb. This nomination was sec'onded by Mr. Guyton. Mr. Eakes nominated the Hon. Alfred H. Colquitt, of the county of Fulton. This nomination was seconded by Mr. McAfee. Mr. Polhill put in nomination the Hon. James C. C. Black, of the county of Richmond. This nomination was seconded by Mr. Oliver. There being no other nomination, the Secretary was directed by the President to proceed with the call of the roll. Those voting for the Hon. James Jackson are, Messrs.:

DeWolf, Harris, Knhzht, Lamar,

Mandeville, Meldrim, Neal, Norman,

Parker, Tutt Walker, Yow.

The number of Senators voting for Hon. James Jackson was 12.
Those voting for Mr. Anderson are, Messrs. :

DuBignon, Gnstin, Guyton,

Hugbet>, Paull,

Rouse, Smith.

The number of Senators voting for Hon. Clifford Anderson was 7.
Those voting for Ron. Alfred H. Colquitt are, Messrs.:

BBaek.. ne r, ,
Davis, Eakefil, Fofter, Frederick,
George,

Greer, Hoyt, .Jones, Livingston, Martin, McAfee, McDonald,

Parks, Peeples, Pike, Tatum, Thompson,
MR. PRESIDENT,

Thcl number of Senators voting for the Hon. Alfred H. Colquitt was 20.

WEDNESDAY, NovEMBER 15, 1882.

139

Those voting for the Hon. James 0. 0. Black of the county of Richmond, are Mes~:~rs.:

Bush,
Murgan,

Oliver,
Polblll,

Wilcox.

The number of Senators voting for the Hon. James C.
C. .Black was 5. The whole number of votes cast was 4t. The President announced the vote, and that no candidate
had received a majority of all the votes cast.
The Senate adjourned, on motion, until 10 o'clock, A. M.,
to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, } WEDNESDAY, NovEMBEH 15th, 1882, 10 o'clock A.M.

The Senate met pursuant to adjonrnment, the President in the chair.
Prayer was offered by the Rev. John Jones, D.D., Chaplain of the Senate.
On the call of the roll, the following Senators answered to their names :

.Rush, D<~vi .. ,
DeWoF, DuBignon,
Eakes, Foster,
Frederick, George,
GrPer, Gustin, Harris, Hoyt,

Hughes,
.Joue~;~,
Knight, Lamar,
Livingston,
Mandeville,
McAfee,
McDonald, Meldrim,
Morgan,
Neal, Norman,

Oliver, Parker, Paull, Peeples,
Pikt>, Pol hill, Rouse, Smith, Tatum, Thompson, Walker,
MB. PRESIDENT.

The Journal was read and approved.
Leave of absence was granted Mr. Norman for the re-
mainder of the week. By request of the Committee on the Asylum for the Blind,
Mr. Frederick was added to that committee. The unfinished business of yesterd~y was resumed as the

140

JOURNAL OF THE SENATE.

special order for this-morning, to-wit: The majority and minority reports of the General Judiciary Committee relating to the question of electing a Judge ar.d Solicitor-General for the North-eastern Judicial Circuit. Said reports are spread in full on the Journal of yeste1day.
){r. Oliver resumed the floor and addressed the Senate. Mr. Greer called for the previous question, which was seconded, and the main question was put, to-wit, the adoption of the minority report in lieu of the majority. Mr. Davis moved a division of the question so that the Senate act first on the question of a Judge and then on the question of the election of a Solicitor-General. The question as divided was submitted to the Senate, and the minority report was not adopted. The que;;tion recurring on the adoption of the m~jority report, Mr..Jones demanded the ayes and nays. Those voting in the affirmative are Messrs.:

B~ker,
Bush, DuBignon, Eakes, Frederick, George, Guyton, Hoyt, Hughes, Knight,

L1.mar.
McAfee, Meldrim, Morgan 1 Neal,
N>rman, Oliver, Parker, Parks,
P~iull,

Peeples, Pike, Polllill, Rouse, Smith, Thompson, Tutt
Wilcox, Yow.

Those voting in the negative are Me6srs.:

Beall, Davi@, DeWoHf, Foster Greer,

Gnstin, Harris, Jones, Livingston, Mandeville,

Martin, McDonald, Tatum, Walker.

There are ayes 29 ; there are nays 14, so the majority report was adopted.
By resolutions, approvad by the appropriate committee, and agreed to by the Senate, the following gentlemen were invited to seats on the :floor of the Senate during their stay in this city, to-wit: By resolution of Mr. Guyton, Hon. Jat~, H. Biount, member of Congress from the 6th district,

WEDNESDAY, NovEMBER 15, 1882.

141

and Hon. Neal McLeod, ex-Senator. By resolution of Mr.

Martin, the Hon. Wm. A. Post, ex-Representative, and the

Ron. R. D. Render, ex-Representative. By resolution of

1\fr. Hughes, the Ron. Frank Chambers, ex-member of the

House of Representatives.



M1. Morgan offered the following joint resolution, to-w1t:

Resolved, the House conmtrring, That the General Assembly in joint session to-day proceed to elect a Judge and Solicitor-General for the North-ell.stern Circuit, immediately after the ballot for United States Senators. This resolution was taken up and read, and on motion of Mr. Tutt was laid on the table.

Mr. Greer offered the following reolution, to-wit:
Resolved by the Senate, the House qf Representatives concurring, That the General Assembly proceed at once with the election of a Judge and Solicitor-General for the North-eastern Judicial Circuit of the State of Georgia, for the term of four years.

Under the suspension of the rules the following bills were introduced, read the first time, and referred to the committees as t>everally indicated, to-wit:
By Mr. SmithA bill to amend an Act, entitled an Act to provide for the regulation of railroad freight and passenger tariffs in this State, to prevent unjust discrimination and extortion in the rates charged for transportation of passengers and freight, and to prohibit railroad companies. and lessees, in this state from charging other than just and reasonable rates, and to punish the same; and to prescribe a mode of procedure and rules of evidence in relation thereto; and to appoint Commissioners, and to prescribe their powers and duties in relation to the same. Approved October 14th, 1879. Referred to the Committee on Railroads.

142

JoURNAL OF THE SENATE.

By Mr. BakerA bill to repeal an Act, entitled an Act to exempt from proce!'s of garnishment, the wages of journeymen mechanics and day laborers. Also, a bill to amend the garnishment laws of the State of Georgia, so far as relates to the answer of garnishees and subsequent proceedings. These bills were referred to the Committee on the Judiciary. By Mr. McAfeeA bill to fix the compensation of Clerks and Sheriffs for extra services. . Referred to the Uommittee on the J udiciary. On motion of Mr. Lamar the Senate took a receBS for 20 minutes. At the expiration of this period, the Senate was called to order by the President pro. tem., Mr. Livingston. On motion, the Senate took a further recess until ten minutes of 10 o'clock, A. x. At the expiration of the recess the Senate was called to
order by Mr. Livingston, President pro tem.
The following message was received from the Governor through Mr. Avery, his Secretary, to-wit:

.Mr. Pre~Jident:
I am directed by the Governor to deliver to the Senate a sealed message which he respectfully requests your body to consider in executive session.

At the hour of 12 o'clock meridian, the President announced that the time had arrived when, in obedience to law, the two houses would convene in joint session for the election of United Str..tes Senators. Whereupon the Senate, in a body, proceeded to the hall of Representatives and were received by the House of Representatives.
The President took the chair, called the General Assembly to order, and announced that the two houses had con-

WEDNESDAY, NoVEMBER 15, 1882.

143

vened in joint session for the purpose of electing a United

States Senator tv fill the unexpired term of the Hon. B. H.

Hill, deceased, ending on the 4th of March next, and a Uni-

ted States Senator for the term of six years, commencing

on the 4th of March next.



'fhe President announced the election to fill the unex-

pired term as first in order, and the J onrnals of the Senate

and of the House of Representatives relating to the ballot-

ing for this office in the respective houses on yesterday

having been read by the Secretary of the Senate and Clerk

of the House of Representatives, the President announced

that neither candidate had received a majority in both

houses, and directed the Secretary to proceed with the call

of the roll for said election.
Those who voted for the llon. B. H. Hill Jr., are,

Senators:

BRker, Beall, Eakes, Gustin, Guyton,

Harris, Hoyt, Hughes,
~laudeville,
Norman,

Oliver, Rouse, Wilcox,
MR. PRESIDENT.

The Representatives voting for the Ron. B. H. Hill, Jr.,

are:
Alexander, Atkinson, A vary, Awbry, Beauchamp, Bonner, Brewster, Brinson, Broyles, Brown, Brooks, Bush, Carroll, Calvin, Chancey, Crenshaw, Dawson, Deaton, Dews, DuPree, Eason, Everett, Flynt,

Glisson,

Pendleton,

I

Graham,

Pringle,

Harris,

Rankin,

Hoge,

Ray of Crawford,

Howell,

Rice,

Hulsey,

Rich of Paulding,

Humber,

Rich of Wayne,

Hudson of Webster, Robbe,

Irwin,

Russell of Decatur,

James,

Roipp,

Jacoway,

Simmons,

Johnston,

Smith of Bryan,

Johnson of Echols, Smithof W1lkin:~on,

Jones of Bartow, Tate,

Jones of DeKalb, '!'easley,

Juntls of Twiggs,

Thompson,

LewiR1 McRae,

Tucker, Wilder,

McKay,

Wimberly,

McCants,

Winningham,

Mcintosh,

Wilson of Mr!ntosh,

McEivaney,

Wisdom,

Mitchell,

Withrow,

144

JoURNAL OF THE SENATE.

Fonl, Foster, Foy,
Fuller, Garv, Geer,

Mobley, Morrow,
Patten, Paulk of Berrien, Paulk of Coffee,

Whatley, Wolfe,
Wright of Floyd, Young, Zachry.

Those who voted for the Hon. rope Barrow are, Senators:

Bush, Davis, DeWolf, DuBignon, Foster, Frederick, George,
Greer,
JOD!'S1
Knight,

Lame.r, Livingston, Martin,
Mc\fee,
McDonald,
Mor~an,
Neal, Parker, Parks, Paull,

Peeples, Pike, Polhill,
Smith. Tatum, Thompson, Tutt, Walker,
Yow.

The Representatives voting for the Hon. Pope Barrow, are:

Alsabrook,

Jenkins,

Ray of Coweta,

Barksdale of Lincoln,Jordan,

Redding,

Barksdale of Wilkes, Johnson of Lee,

Redwine,

Bartlett,

Jones of Elbert,

Reese,

Beck,

Julian,

Robins,

Bi~hop,

Key,

Robertson,

Brewer,

Kimsey,

Rountree,

Burch,

Little,

Russell, of Clarke,

Carter, Cannon,

J,ofton, Logue,

Silman, Sinquefield,

Carithers,

Lott.

Spence,

Cr.ttenden,

Maddox,

Spengler,

Crumbley,

Mason,

Stallings,

Courson,

McBride,

Stapleton,

Cox,

McCurry,

Studdard,

Dart,

McKinney,

Sutton,

Davieo,

McDonald,

Sweat of Clinch,

Daniel,

McGregor,

Sweat of Pierce,

DeLacy,

McWhorter,

Waldroop,

Drewry,

Middlebrooks,

Walthall,

Falligant,

Moore of Hancock, Watson,

Fite,

Moore of Taliaferro, Watts,



Gordon,

O>~born,

Wilson of Bnllock,

Gray,

Owens,

Wilson of Greene,

Griffin,

Park,

Wilson of Sumter,

Griffith,

Payne,

Witcher,

Hawks,

Peek,

Wood,

Head,

Perkins,

Wri~rhtofWash'ngt'n.

Hudson of Jackson, Proctor,

MR. SPEAKER.

. WEDNESDAY, NovEMBER 15, 1882.

145

On counting up the vote it appeared that the Hon. B. H.

Hill, Jr., had received 99 votes, and that the Ron. Pope

Barrow had received 116 votes. Whole number of

votes 215.

The Hon. Pope Barrow, of the county of Clarke, having

re~eived a majority of all the votes cast, was declared by

the President to be duly elected United States Senator to

represent the State of Georgia in the Senate of the United

States for the unexpired term of the Ron. B. H. Hill, de-

ceased, ending on the 4th of March, 1883.

The Prel!ident declared that the next business in order

was the election of a United States Senator for the term of

six years, beginning on the 4:th of March next, and caused

the Secretary of the Senate and the Clerk of the House of

Representatives to read that portion of the Journals of the

respective houses which relates to the ballot on yesterday

for this office.

It appearing that neither of the candidates had received-A

majority of both houses, the President so announced, and

directed the Secretary to call the roll for an election for

United States Senator for the term of six years, commenc-

ing the fourth of March next. Those voting for Ron. Alfred H. Colquitt are, Senators:



Baker, Beall, Davis, Eakes, Foster, Frederick, George, Greer,

Guyton, Harris, Jones, Livingston, Mc.Hee, McDonald, Norman, Parks,

Peeples, Pike, Tatum, Thompson, Yow
MR. PRESIDENT.

The Representatives voting for the Ron. Alfred H. Colquitt, are Messrs. :

Alexander,

Greer,

Alsabrook,

GleBBon,

Atkinson,

Graham,

A vary.

Griffith,

Awbry,

Howell,

Barksdale ofWilkeq, Hulsev,

Bishop,

Hudson of Webster,

10

Pringle, Proctor, Rankin, Ray of Coweta, Redwine, RicP, Rich of Paulding,

146

JOURNAL OF THE SENATE.

Bonner, Brewer, Brewster, Broyles, Brooks, Burch, Bush Carroll, Cannon, Carithers, Chancey, Crenshaw, Crittenden, Crumbley, Courson, Cox, Dart, Davis, Dawson, Ddaton, Drewry, Eaeon, Everett, Fite, Flynt, Foster,

Irwin, James, Jacoway, Johnston, Johnson of Echols, Johnson of Lee, Jones of Bartow, Jones of DeKalb, Jones of Elbert, Julian, Key, Kimsey, Lewis, Lott, McCants, Mcintosh, McElvaney, McWhorter, Middlebrooks, Moore of Taliafero, Morrow, Osborn, Park, Patten, Paulk of Coffee, Peek,

Rich, of Wayne, Russell, of Decatur, Shipp, Silman, Smith of Bryan, Stapleton, Sweat of Clinch, Sweat of Pierce, Tate, Teasley, Tucker, Waldroop, Walthall, Wilder, Wimberly, Winningham, Watson of Greene, Wilson of Mcintosh, Wisdom, Withrow, Witcher, Whatley, Wolfe, Wright of Floyd, Zachry.

Those voting for the Hon. James Jackson are, Senators:

DeWolf, Knight, Lamar.

Mandeville, Martin, Meldrim,

Smith, Tutt, Walker.



The Representatives voting for Hon. James Jackson, are

Messrs.:

Barksdale of Lincoln,Little,

Beck,

McRae

DeLacy.

McBride,

DuPree,

McCurry,

Falligant,

McDonough,

Fuller,

Mitchell

Griffin,

Owens,

Hawks,

Payne,

Head,

Reese,

Hudson of Jackson Robins,

Lewis,

R:>bertson,

Russell of Clarke, Stallings, Studdard, Sutton, Thompson, Watts, Wilson of Bullock, Wilson of Sumter, Wood, Young,
MR. SPEAK~.

ThoRe voting for the Hon. James C. C. Black, are Senators:

Bush, Morgan, Neal,

Oliver, Parker,

Polhill, Wilcox.

WEDNESDAY, NovEMBER 15, 1882.

147

The Representatives voting for Ron. James C. C. Black, are, .Messrs. :

Beauchamp, Brinson, Brown, Carter, Calvin, Daniel, Dews, Ford, Foy,

Gary, Hoge, Humber, Jenkins, Jordan, Logue, Maddox,
Mas 'In, M8Kinney,

McGregor, Moore of Hancock, P11ulk of Berrien, Pendldon, Perkins, Robbe, . Singuefield, Spengler, Watson.

Those voting for Ron. Clifford Anderson, are Senators :

DuBignon, Gustin,

Hu~~:bes,
P11ull,

Rouse.

The Representatives voting for Ron. Ron. Clifford An derson, are Messrs. :

Bartlett, Gordon, Gray, Harris, Jones of Twiggs,

Lofton, :McKay, Mobley, Ray of Crawford, Redding,

Ronntree, Simmons, Spence, Smith of Wilkinson.

On counting up the vote it appeared that the Ron. Alfred H. Oolqnitt, of the county of Fulton, had received 123 votes; the Hon. James Jackson, of the county of Fulton, had received 40 votes; the Ron. James C. C. Black, of the county of Richmond, had received 33 votes, and the Hon. Clifford Anderson, of the county of Bibb, had received 20 votes.
The whole number of votes cast necessary to a choice was 109 votes.
The Ron. Alfred H. Colquitt having received a majority of all the votes cast, was declared by the President duly elected United States Senator to represent the State of Georgia in the Senate of the United States for the term of six years, commencing on the fourth day of March, 1883.
On motion of Mr. DuBignou, the joint session wal" dissolved.
The Senate withdrew to its chamber, and being called to order by the President, adjourned, on motion, until 10 A. M. to morrow.

148

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA, }
THURSDAY, NovEMBER 16th, 1882, 10 o'clock, A. 11,

The Senate met purmant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names:

Baker, Beall, Davis,
DeWolf, DuBignon,
Eakes, Foster,
George,
Greer, Gustin,
Guyton, Harris,

Hoyt,
Hughes, Jones, Knight, Lamar, Livingston, Mandeville, Martin,
McAfet>, McDonald, Meldrim, Parker,

Parks, Paull, Peeple1, Pike, Polhill, Smith, Tatum, Th.ompson, Tutt Walker. Yow, M:s.. PRESIDENT

The Journal was read and approved. Messrs. Morgan, Bosh, Oliver, Neal and Frederick, of the Committee on the Academy for the Blind, were granted leave of ab11ence to allow them to visit that institution. On motion of Mr. Lamar, leave of absence was granted Mr. Rouse until Wednesday next, on account of '-'ickness in his family. Leave of absence was granted Mr. Parker until Thursday next. On motion of Mr. McAfee leave of absence was granted Mr. Davis until Monday morning next. On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time and referred as respectively indicated, to-wit:
By Mr. DeWolf-
A bill to repeal an Act entitled an Act to prescribe the conditions on which the Stattl will assent to the holding of lands in this State by foreign corporations, and corpora-

THURSDAY, NovEMBER 16, 1882.

149

tione incorporated by the laws of other States. Approved February 28th, 1877.
By Mr. DuBignon-A bill to propose an amendment to paragraph one, section four, of artble two, of the Constitution of this State, submitting the same to a vote of the people. By Mr. GustinA bill to prescribe the salaries of the judges of the Supreme and Superior Courts. By Mr. MartinA bill requiring all eligible voters to vote in the militia diEtricts in whi<:h they reside. By M.r. SmithA bill to amend section 1419 of the Code of Georgia, which relates to the manner of obtaining license to retail spirituous liquors. The foregoing bills were referred to the Committee on the Judiciary. By M.r. GustinA bill to declare of full force and effect an Act of the General Assembly, assented to December 22d, 1857, entitled, an Act to encourage persons making a will to provide a permanent fund for the collegiate preparation and education of indigent boys, or young men ; and, aleo, an Act amendatory thereof, assented to December 17th, 1859, and to provide the manner in which said Act and amendment shaH be carried into effect. Referred to the Committee on Education. By Mr. JonesA bill to require railroad companies to fence their roads, and erect cattle-guards, and for other purposes. Referred to Committee on Railroads. M.r. Davis offered the following joint resolution, which was read, agreed to, and ordered to be immediately trans mitted to the House of Representatives, to-wit:

WHEREAs, At the last session of the General Assembly

150

JOURNAL OF THE SENATE.

the Governor of Georgia was requested to have complete investigation made as to the obetrnction in the Savannah river, caused by the canal-dam at Augusta, and also the feasibility of providing sufficient fish-ways in said dam ; and
WHEREAs, The Governor in pursuance of eaid resolution, appointed a committee to make 11aid investigation, whose report accompanies the Governor's biennial message to the General Assembly. Be it therefore
Resolved, That a joint committee of three from the Senate, and five from the House, be appointed to take into consideration the report of said committee, and report to this General Assembly what action shall be taken in the premises.
The President appointed, as the committee under the foregoing resolution, Messrs. Davis, Polhill and Hughes.
The Senate, on motion of Mr. Davis, went into executive se~sion, and returning to open session, took a recess for twenty minutes.
At the expiration of the recess the Senate was called to order by the President.
The following message was received from the Honse of Representatives through Mr. Hardin, the Clerk thereof :
.Mr. President:
The House of Representatives has concurred in the following Senate resolution, to-wit:
A resolution providing for the appointment of a committee of nine from the Senate, and eighteen from the House, to prepare and report a bill looking to the re-districting of the State into ten Congressional . Districts, and appointed on the part of the Honse: Messrs. Harris, chairman, Sweat of Clinch, Foy, Spence, Pendleton, Eason, DuPree, Little, Crenshaw, Rice, Gorden, Middlebrook, McBride, Payne, Wright of Washington, Gary, Redwine and Tate.
The Senate, on motion, adjourned until 10 o'clock, A. M.,
to-morrow.

FRIDAY, NovEMBER 17, 1882.

151

SENATE 0HAMBER, ATLANTA, GA., } FRIDAY, November 17th, 1882,10 o'clock A. :M:.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D.D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :

Baker, Beall,
DeW~olff,
DuBignon, Eakes, Foster George, Greer, Gustin, Guyton, Harris,

Hoyt, Hughes, JoneP, Knight, Lamar, Livingston, ;Mandeville, Martin, McDonald, Meldrim, Parks,

Paull, Peeples, Pike, Polbill, Tatum, Thompson, Tutt, Walker, Wilcox, Yow,
MB. PRESIDENT.

The Journal was read and approved. On motion of Mr. DuBignon, leave of absence was granted Mr. Smith until Tuesday next. On motion of Mr. Jones, leaye of absence was granted Mr. McAfee until Tu~sday morning next. Mr. Paull, chairman of the Committee on the Lunatic Asylum, reported a request of said committee that Messrs. Parks and Walker be added thereto. The report was adopted. Mr. DuBignon, chairman of the Judiciary Committee, made the following report, which was read, to-wit :

Mr. President :
The J ndiciary have had under consideration the following bills, which they recommend do not pa.Es, to-wit :
A bill to be entitled an an Act to amend the garnishment
laws of the State of Georgia as far as relates to the answer
of garnishees and subsequent proceedings.

152

JOURNAL OF THE SENATE.

Also, a bill to be entitled an Act to require plaintiffs to pay costs if demanded by the proper officers when such officers reside out of the county in which suit is to be commenc..:d, nnless such phintiffs will file with such officers the usual pauper's oath.
The committee have also had under consideration the following bill which they recommend do pass as amended, to-wit :
A bill to be entitled an Act to prescribe the salaries of the Judges of the Supreme and Superior Courts.
F. G. DuBIGNON, Chairman.

Mr. Jones offered the following resolution which waa taken up and read, to-wit :

Resolved by the Senate, th6 House of Representatives concuning, That immediately after the reading of the Journals of the two houses on next Tuesday morning, the Senate and House of Representative do meet in joint session for the purpose of electing a Judge for the North-eastern J odicial Circuit for thP. full term of four yeard, beginning on the first day of January next.
Also a Solicitor-General for said Circuit for the full term of four years, beginning on the first day of January next.

Mr. Greer moved to amend the resolution by striking out "Tuesday" and inserting "Wednesday." The motion to amend was lost.
The resolution was agreed to and ordered to be immediately transmitted to the House of Representatives.
On motion of Mr. Yow, the rules were suspended to allow the introduction of bills.
TLe following bills were int.roduccd, read the first time and referred as eeverally indicated, to-wit :
By Mr. YowA bill to regulate the sale of formulas, patent or other-

FRIDAY, NovEMBER 17, 1882.

153

wise, for composting fertilizers and for other purposes. Referred to the Committee on Agriculture.
Also, by Mr. YowA bill to require railroad companies to return their property for purposes of being 'taxed in the counties through which they run, and to prescribe the mode and manner of making such returns and for other purposes. Refer ed to the Committee on Finance. .By Mr. FosterA bill to give policemen and persons delegated to perform police duty authority to preserve order and make arrests in certain cases. Referred to the Committee, on the Judiciary. By Mr. DeWolfA bill tu further protect the rights of incorporated cities and the citizens thereof. Referred to the Committee on Corporations. By Mr. GreerA bill to repeal Sections 621, 622, 623, 624 and 625 of the Code of 1882. Referred to 'the Committee on the Judiciary.
By Mr. JonesA bill to define the status and liability of all foreign railroad companies or corporations, firms or individuals or associations,doing business in, or operating railroads in,this State, by lease or by virtue of any law of this State, or otherwise, and to provide for the enforcement of snch liability, and for other purposes relating thereto. Referred to the Committee on Railroads. By Mr. BoyntonA bill in relation to an Act to enable the purchasers of railroads to form corporations and to exercise corporate powers, etc. Referred to the Committee on Railroads. By Mr. GreerA bill to amend Section 661 of the Code of 1882. Referred to the Committee on the Judiciary.

154

JouRNAL oF raE SENATE.

Mr. Polhill offered the following resolution which was read and agreed to, to-wit:

Resolved by the Senate, That the Treasurer of the State be instructed to advance to Peter McMichael, W m. George and Ben. Jones, porters of the Senate, one dollar per day, to be credited on their per diem hereafter to be allowed.
The following message was received from the Honse of J?epresentatives, through M.A. Hardin, the Cl:!rk thereof:

Mr. President:
The House of Representath es has adopted the following resolution in which it asks the concurrence of the Senate :
Resolved by the Senate and House qf Representativea, That Jackson T. Taylor be, and he is hereby, authorized and directed to make an Index for the Senate and House Journals of the present session, and that the Public Printer be instructed to furnish him advance sheets of said Journals in order to facilitate said work, and prevent delay in the completion of said Journals.

The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof.

Mr. President:
The House has concurred in the following resolution of the Senate, to-wit:
A resolution providing for the appointment of a joint committee to take into consideration the report on the obstructions of the Savannah river, near Augusta.
The House has also concurred in the following resolution, to-wit:
A resolution providing for the election of a Judge and a Solicitor-General of the North-eastern Circuit.

FRIDAY, NovEMBER 17, 1882.

155

The House has concurred in the following Senate resolution with an amendment, to-wit:
A resolution convening the General Assembly in joint sef.sion on Tuesday next, for the purpose of electing a Judge and Solicitor-General for the North-eastern Circuit.
And I am directed to transmit the action of the House on both these resolutions forthwith.
On motion of Mr. Parke, the Senate took up and concurred in the amendment of the House to the joint resolution of the Senate, providing for the election of a Judge and Solicitor-General for the North-eastern Judicial Circuit, said amendment being to strike ont the words, "immediately after the reading of the Journal on Tuesday next," and inserting in lien thereof "at 12 o'clock M. on Tuesday next.''
The Secretary was instructed to inform the House of Representatives that the Senate had concurred in their said amendment.
On motion of Mr. Jones, the Senate took up and concurred in the following joint resolution of the House of R.::presentatives, to-wit :

Resplved by the Senate and Bouse of Representatives, That Jackson T. Taylor be, and he is hereby, authorized and directed to make an Index for the Senate and Honse Journals of the present session, and that the Public Printer be instructed to furnish him advance sheets of sai.d Journals in order to facilitate said work and prevent delay in the completion of said Journals.

The following message was received from the House of Representatives, through M.A. Hardin, the Clerk thereof.

Mr. P1esident:
The House of Representatives has adopted the following resolution in which it asks the concurrence of the Senate:

156

JOURNAL OF THE SENATE.

Resolved by the HOU8e of Representatives, the Senate concurring, That a joint committee of six from the Rouse and three from th~ Senate, be appointed by the Speaker of the House and President of the Senate respectively, itnmediately after the adoption of this resolution, or as soon thereafter as practicable, to inquire into and report upon the possibility of an early adjournment, and also to report what business it will be necessary to transact bef01e such adjournment is had.

On motion of Mr. Parks, the Senate took up and concurred in this resolution, and the Secretary was directed to communicate said action to the House of Representatives without delay.
The President appointed as the committee on the part of the Senate, under the foregoing joint resolution, Messrs Parks, Polhill and Livingston.
Mr. DuBignon introduced the following resolution, which being approved by the appropriate committee, wat~ agreed to by the Senate, to-wit :

Resolved, That General Fitzhugh Lee, of Virginia, and the Rev. J. Wm. Jones, Secretary of the Southern Historical Society, be invited to a seat on the floor of the Senate during their stay in the city.

The Senate adjourned, on motion, untillO o'clock A."M., Monday next.

MoNDAY, NovEMBER, 20, 1882.

i57

SENATE CHAMBER, ATLANTA, GEORGIA, } MoNDAY, November 20th, 1882, 10 o'clock, A.M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :

Baker, DuBignon, Eakes,
Foster, Frf'derick,
George, Greer,
GGuu~ytitonn1 ,

Harris,
Hyt,
Hughes,
Jones,
Lamar,
Martin,
Meldrim, Morgan,
Parks,

Peeples, Pike, Thompson, Tutt, Walker, Wilcox,
MR. PRESIDENT.

The Journal was read and approved. Leave of absence was granted Mr. Knight on account of sickness, and to Messrs. Bosh and Polhill on account of sickness in their families. Also to Mr. DeWolf for present week on account of sickness. The President laid before the Senate a petition of Mr. Falligant, of Savannah, which, without being read, was referred to the Committee on Petitions. On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and referred as respectively indicated, to-wit: By Mr. BakerA bill to declare betting on an election a crime, and prescribing a penalty for the same. Referred to the Judiciary Committee. By Mr. GeorgeA bill to prevent the abatement of letters testamentary, or letters of administration heretofore or hereafter to be granted to females, upon their marriage, etc. Referred to the Committee on the Judiciary.

158

JOURNAL OF THE SENATE.

Also, by Mr. GeorgeA bill to prescribe the fees of jnd~es and bailiffs of the county courts in certain ca';es, and to provide for the payment thereof. Referred to the Committee on the Judiciary. By Mr. HoytA bill to amend the Act approved 15th October, 1879, with regard to advertising fees of officers. Referred to the Committee on the JudiCiary. Also, by Mr. HoytA bill to requir., and provide for the registration of all the voters in this State. Referred to the Committee on the Judiciary. By Mr. PeeplesA bill to amend Section 1788 of the Code of this State. Referred to the Committee on the Judiciary. On motion of Mr. Gustin, the leave of absence of Mr. Paull was extended. On motion of Mr. Martin, the Senate took a recess for half an hour, subject to the call of the President. At the expiration of the period of recess the President called the Senate to order, when, on motion of Mr. Lamar,
the Senate adjourned until 10 o'clock, A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, }
TuEsDAY, November 21st, 1883, 10 o'clock, A.M.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer was offered by the Rev. John Jones, D. D., Chap-

lain of the Senate.

On the call of the roll the following Senatore answered

to their names :

Baker, Beall, Bush,
Davis,
DeWolf, DuBignon,

Harris,
Hoyt, Hughes,
Jones,
Lamar,
Livingston,

Oliver,
Park111 Peeples, Pike, Tatum, Thompson,

TuEsDAY, NoVEMBER 21, 1882.

159

Eakes, Foster, Frederick, GeorgE', Gustin, Guyton,

Mandeville, Martin, McAfee,
Morgan,
Neal,

Tutt, Walker, Wilcox, Yow,
MR. PRESIDENT.

The Journal was read and approved. On motion of Mr. Jones, leave of absence was granted Mr. Harris of the 3d District, on account of sickness in his family. On motion of Mr. Pike, leave of absence was granted Mr. McDonald for the present week, including yesterday. On motion of Mr. Parks, leave of absence was granted Mr. Meldrim for to-day. Mr. Peeples offered the following resolution, to-wit : A resolution requesting the Senators and Representatives from this State in Congress of the United States, to urge the repeal or modification of the law authorizing the transfer of criminal cases from the State to the Federal Oourts. Referred to the Committee on the State of the Republic. Mr. Thompson offered a resolution requesting our Sena tors and Representatives in Congress to use their influence for the establishment of a weekly mail route from Traders' Hill, Ga., through the bend of St. Mary's river, in the
county of Charlton, via Gainesville, thence to James C.
Smith's, thence to Willisville. The same was read. Dnder the suspension of the rules, the following bills
were introduced, read the first time, and referred as re spectively indicated, to-wit:
By Mr. LamarA bill to empower the agents of railroads in this State to correct overcharges in freight, and for other purposes. Referred to the Committee on Railroads. By Mr. DuBignonA bill to authorize and empower the trustees of the University of Georgia, to lease certain lands and to make im-

160

JouRNAL oF THE SENATE.

provements thereon. Referred to the Committee on Pub-

lic Prop~rty.

By Mr. Baker-

.

A bill to amend an Act to regulate the practice of medi-

cine in this State. Approved Septemtter 28th, 1881. Re-

ferred to the Special Judiciary Com mittee.

On motion of Mr. Jones, a resolution in relation to the .

Western and Atlantic Railroad lease was taken from the

table, and referred to the Committee on the J ndiciary.

On motion of Mr. Baker, the bill to amend the garnish

ment laws of the State of Georgia, so far as relates to the

anRwer of garnishees and subsequent proceedings, was tak-

en up and recommitted to the General Judiciary Commit-

tee.

Mr. George offered the following resolution, which was

read and agreed to:

Resolved, That the Hon. Allen D. Candler of the county of Hall, Congressman-elect from the 9th District, be invited to a seat on the floor of the Senate during his sojourn in this city.

On motion of Mr. Martin, the Senate took a recess, subject to the call of the President.
'l'he President called the Senate to order after a short recess.
Mr. Tutt offered the following resolution, which was taken up, read and agreed to, and ordered to be transmitted at once to the Honse of Representatives:

WHEREAS, The Constitution of the S:ate of Georgia, requires the Govt>rnor of the State, at each session of the General Assembly, to coll1mnnicate to that body each case of reprieve, pardon or commutation granted, stating the name of the convict, the offense for which he was convict. ed, the sentence and its date, the date of the reprieve, par-

TuESDAY, NovEMBER 21, 1882.

161

don or commutation, and the reasons for granting the same; and,
W HER"KAS, the late Governor Alfred H. Colquitt, in communications to this bod,y, failed to incl'nde the pardon of Joseph E. Thurmond and Charles Davidson, known to have been pardoned by him ; be it
Resohed by the Senate and House of Representatives, That the Governor be requested to furnish, fot the information of the General Assembly, and for the people of the State of Georgia, any information which may appear upon the minutes of the Executive Department as to the reprieves, pardons a.nd commutations granted by the late Executive, since the 20th day of October, 1882, (the date of the biennial report of the Principal Keeper of the Penitentiary of Georgia,) with the reasons therein contained for Executive clemency.

Mr. Tatum offered the following resolution, which was read and r-eferred to the Committee on Agriculture, to-wit:

Rtsolved, That the Commissioner of .Agriculture be required to furnish the Senate with an itemized statement of the expenses of the Department of Agriculture for the last two years, the number of cletks employed in his office, and his authority for the employment of more than one clerk.

Under a suspension of the ruleP, Mr. Martin introduced the following bill, which was read the first time and referred to the Committee on the Judiciary, to-wit:
A bill to define the duties of executors. At the hour of 12 o'clock, M., the Senate proceeded, in a body, to the Representative hall wher~, being received by the House of Repre~entatives, the President took the chair, called the General Assembly to order, and announced that the joint session was convened by authority of a joint resolution, for the purpose of electing a Judge and Solicitor-
11

162

JOURNAL OF THE SENATE.

General for the North eastern Judicial Circuit for the term of four years, commencing the first of Jan nary, 1883.
By direction of the President, the Secretary read the joint resolution, under the authority of which the two houses were jointly convened.
The President announced that the first business in order was the election of a J ndge of the North-eastern Judicial Circuit, and that nominations would be received therefor.
Whereupon Mr. McAfee placed in nomination the Hon. C. J. Wellborn of the county of Union.
Mr. Pike nominated the Hon. John B. Estee of the county of Hall.
There being no other nomination, the President directed the Secretary to call the roll for said election.
The following voted for Ron. C. J. Wellborn :

Of the Senate, Messrs.:

Baker, Beall, Bush,
DuBignon, FEoakstt"esr1,
George,

Greer, Gustin,
Harri~,
Hoyt, Jones, Mandeville,
Martin,

Of the Bouse, Messrs. :

Alexander, Alsabrook, Awbry,
Bartlett, Beck,
Bishop, Bonner, Broyles, Brown,
Burch,
Carroll, Cannon, Chancey,
Crittend.Pn, Courson,
Eason, Falligant, Fite,
Ford, Foster,
Gary, Geer,

Glisl!on, Gordon, Gray,
Head, Hoge,
Howell, Irwin, Jacoway, Johnson of Echols,
Johnson of Lee,
Jones ofBartow, Kimsey, Little,
Lcgue, Mason,
McRae, McKav, McDonogb,
McWhorter, Moblty,
Owen~,
Paulk ofBerrien,

McAfee,
Mor~an,
l'arko, Smith, Tatum, Tutt,
MR. !'RESIDENT.
PavnP, Pri"ngle, Proctor, Ray of Cowet a, Ray of Crawfo,d, Reese, Rich of Paulding, Rich ol Wayne, Speugl..r, Hmitll of Wilkinson, Sweat of Clinch, Tate, Teasley, Waldroop,
w ..Itball,
Watti', Winnmgham, Withrow, 'Vood, WrightofvVashington Young,
MR. SPEAKER.

TuEsDAY, NovEMBER 21, 1882.

163

The following Senators voted for the Hon. John B. Estes, to-wit, Messrs. :

Frederick, Guyton, Lamar,

Livingston, Neal, Oliver,

Pike, Walker.

Of the House, Messrs. :

Atkinson, B ..auehamp, Brewster,
Brin~;on,
Bush,
Carter, Calvin, Crumuley, Cox, Davis,
Daniel, Deaton,
DeLacy, Drewry, DuPree,
Everett, Flynt, Foy,
Fuller, Graham,
Griffin, Griffith, Hawkes, Harris, Hultiey, Humber, Hudson of Jackson, Hudson of Webs er,

James, Jenkin!',
Jordan, Jones of DeKalb,
Jones of Elbert,
J"nes of Twiggs, K ..y,
Lewi~,
Lofton, },..tt.
McCants, McBride, McKenney,
Mcintosh, MeElvaney,
M~:Gregor,
Middlebrooks, Micbell,
M>ore of Hancock, l\10ore of 'l'aliafero, :l\Iorrow, Osborn, Patten,
Paulk ofCofft:!e, Peek,
Perkins,
Reddin, Redwine,

Rice, Robbe, Robins, Robertson, R'luntree, Russell of Clarke, Russell of Decatur,
Shipp, Stllman, Silllmoos,
!Spence, Smith of Bryan,
Stalling~,
Stapleton,
Studdard, Button,
Sweat of Pierce, Watson, Wilder, Wimberly, Wlison of Bulloch, Wilson of Suc:1ter,
Wilson of Mcintosh, Wisdom,
'Vitcber, wright of Floyd,
Zachry.

On counting up the vote it appeared that the Hon. C. J. Wellborn had received 89 vote.; and the Ron. John B. Estes had received 92 Vltes.
The whole number of votes cast was 1~1. The Hon. John B. Estes, of the county of Hall, having received a majority of all the votes cast-a majority of the General Assembly voting-he was declared by the President duly elected Judge of the North-easteru Judicial Circuit for the term of four years, commencing the first of January, 1883. The President announced that the business next in order

164

JOURNAL OF THE SENATE.

was the election of a Solicitor-General of the North-eastern

Judicial Circuit for the term of four years from January

1st, 1883, and that nominations would be received therefor.

Whereupon Mr. Parks put in nomination Howard

Thompson, Esq., of the county of HalL and Mr. DnBignon

nominated the H.on. "\V. S. Erwin, of the county of Haber-

Eham.

There being no other nominations, the Secretary, by di

rection of the President, called the roll for said election.

The following Senators voted fOI' Howard Thompson,

EEq., to-wit, Messrs. :

Baker,

Hughes,

Bu'3h,

Jones,

Eakes,

Mandeville,

Frederick,

Martin,

Guyton,

Morgan,

Harris,

Neal,

Oliver, PPta>repkls~s, Pike, 'Thompson,
Walker.

Of the House Messrs. :

Alexander,

HoyP,

R~dNine,

Atkinson,

Hulsey,

Rice,

Awbry,

Hudson of Jackson, Robbf',

Beaucbamp,

Hudson of "\Vebster, Robertson,

~onner,

James,

Hountree,

Brewster,

Jenkins,

Simmons,

Brinson,

Johnson of Lea,

Spence,

Broyles,

Jones of Bartow, Hpengler,

Brown, Bush, Carroll, Calvin, Crenshaw, Crittenden,
Crumbley, Uourson,
Deaton, Drewry,
Everett,
Flynt, Foster,
Foy, Glisson, Graham,

Jones of Twigg,.,
Lewis, Lott,
McRat>, McKinney, Mcintosh, McElvaney,
McGregor, Mc"\Vhorter, Mitchell, Morrow,
Patten, Peek, Pringle, Ray of Coweta,
Redding,

Smith of Bryan, Stallings. Sweat of Pierce, Tt>asley, Watson, Wilder, Wimberly,
Winningham, Wilson of Bullock,
"\Vilson of Mcintosh, Wisdom, Withrow,
"\Vitcher,
Wood, wright of Floyd,
Zachry.

The following Senators voted for Hon. W. S. Erwin,

to-wit, Messrs.:
Beall, DuBignon, Foster, George, Greer,

Gustin, Hoyt, Lamar, Livingston,
McAfee,

Smith, Tatum, Tutt, Wilcox,
MR. PRESIDENT.

TuEsDAY, NovEMBER 21, 1882.

165

Of the House, Messrs. :

Alsabrook, Bartlett, Beck, Bishop, Burch, Carter, Cannon, Chancey, Cox, Davis, Daniel, DPLacy, DuPree, E'lon, Falligant,
Fit~>,
Forrl, Fuller, Geer, Gordon,
GrY Griffin,
Griffith, Hawkes, Harris,
Head,

Hnwell, Humber, Irwin. Jacoway, Johnson of Echols, Jones of DeKalb, .Jones of Elbert, Key. Kimst-y, Little, Lofwn, I.Jflgue,
l\ffiROD 1
Ml'Kay, 1\fC,mtll, JlfPBride, McDonough, Middlebrooks, Mobley. 1\Ioore of Hancock, Moore of Taliaferro,
O"born, Owens, Paulk of Berrien, Paulk of Coffee, Payne,

Perkins, Proctor, Ranktn, Ray of Crawford, Reese, Rich of Paulding, Rich of Wayne, Robins, Russell of Clarke, Russell of Decatur, Shipp, SilmHn, Smith of Wilkinson, Stapleton, Studdard, Sutton, Sweat of Clinch, 'rate, Waldroop, Walthall, Watts, Wilson of Sumter, Wright of Wash'gton, Young.
MR. SPEAKER.

On counting np the vote it appeared that Howard Thompson, E~q. had received 90 votes, and the Ron. W. S. Envin bad received 92.
The whole number of votes cast was 182. The Hon. W. S. Erwin having received a majority of all the votes cast, a majority of the General Assembly voting, be was declared by the President to be duly elected Solicitor-General of the North-eastern Judicial Circuit for the term of four years, commencing the tirst of January, 1883. On motion of Mr. George, the joint session was dissolved. The Senate withdrew to its chamber, and being called to order by the President, adjourned, on motion of Mr. Parks, until 10 o'clot:k, A. M., to-morrow.

166

JOURNAL OF THE SENATE.

t SENATE CHAMBER, ATLANTA, GEORGIA,
WEDNESDAY, November 22d, 1882, 10 ()'clock, A.M. f
The Senate met pursuant to adjournment, the Pre~ident in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chap-
lain of the Senate. On the call of the roll the following Senators answered
to their names :

Baker, Beall,
Bush,
D"vis, DuBignon,
Eakes,
Foster, Frederick, George,
Gustin, Guyton,
Harris, Hoyt,
Hughe~,

JonPs,
Lamar,
J.ivin~8ton,
Mandeville,
Martin,
McAfee, McDonaltl, Meldrim, Morgan,
Neal, Norman,
Oliv..r, Parks,

Paull, PePples,
Pike,
Pol hi.!, Rouse,
Smith, 'ratum, Thompson, Tutt,
Wulker, \Vilcox,
MR. PRESIDENT.

The Journal was read and approved. Mr. Peeples, chairman of the Committee on the Penitentiary, aE~ked and obtained leave of absence for Me-srs. Guyton and Green tv visit camps in Oglethorpe and Jefferson counties; for Messrs. Jones and Thompson, to visit camps at Cedartown, Rockmart and Paulding county; and for Messrs. Walker, Tatum and himself, to visit Dade Coal Mines and the camp at Catoosa. On application of Mr Bush, chairman of the Committee on the Institute for the Deaf and Dumb, leave of absence was granted his committee for the purpose of visiting said Institution. Mr. DuBignon, chairman of the Committee on the Judiciary made the following report, to-wit:

Mr. President:

The General Judiciary Committee have had under consideration the following bills which they recommend do rasa as amended, to-wit :

WEDNESDAY, NovEMBER 22, 1882.

167

A bill to change the time of holding the Superior Courts

of Macon county.

Also, a bill to revise the Superior Court calendar of the

Brunswick Circuit.

The committee have also had under consideration the

following bill which they recommend do not pass, to-wit:

A bill to fix the compensation of Clerks and Sheriffs for

extra service.

F. G. DrrBIGNON, Chairman.

Mr. Tutt, chairman of the Committee on R:1ilroads, made the following report, to-wit:
Mr. Pre~ident :
The Committee on Railroads have under consideration the following bill of the Senate, which they recommend do pass, to-wit:
A biil to define the statua and liabilities of all foreign railroad companies or corporations, firms or individuals, or associations t!oing business or operating railroads in this State by lease or by virtue of any law of this State, or otherwise, and to provide for the enforcement of such liability, and for other purposes relating thereto.
W. D. Turr, Chairman.

Mr. Lamar offered a resolution which was agreed to by the Senate, inviting Miles Maak, Esq. and J. T. Norman, Esq., of the county of Colquitt, to seats in the Senate during their stay in this city.
By resolution of Mr. Jones, approved by the appropriate committee, the Hon. J. C. Clements was invited to a seat in the Senate dudng his stay in this city.
The following billt; of the Senate were read the second time and passed to a third reading, to-wit :
A bill to define the status and liability of all foreign railroad companies o1 corporations, firms or individuals, or associations doing lmsinesl:i in or operating railroads in this State by lease or by virtue of any law of this State, or

168

JouRNAL OF THE SENATE.

otherwise, and to provide for the enforcement of such liability, and for other purpnses relating thereto.
A bill to prescribe the salaries of the Judges of the Supreme and Superior Courte.
A bill to change the time of holding the Snperior Court of Macon county, etc.
A bill to revise the Superior Court calendar for all the counties composing the Brunswick Judicial Circuit, and for other purposes.
The bill of the Senate to require plaintiffs to pay costs if demanded by the proper officers, when such plaintiffs reside out of the connty in which suit is to be brought, unless such plaintiff<~ will file with sueh officer<~ the usual pauper oath, was taken up on its second reading under adverse report of the Judiciary Committee, and laid on the table for the present.
The bill of the Senate to fix the compensation of Clerks and Sheriffs for extra services was taken up on its second reading under ad verse report of the Committee on Judiciay.
Mr. McAfee moved to disagree to the report. This motion did not prevail.
The report was agreed to and being ad verse to the passing of the bill, the same was lost.
On motion of Mr. Parks, the Semte took a recess, subject to the call of the President.
After a brief recess the Senate was called to order by the President.
On motion of Mr. Peeples leave of absence was granted Mr. Morgan.
Mr. Polhill offered the following resolution which was
taken up, read and agreed to, to wit:
Resolved by the Senate, That the State Treasurer be in-
structed to advance the sum of three dollars per day as

THuRSDAY, NovEMBER 23, 1882.

169

compensation for the Senate page,:, said sum to be drawn .and receipted by the Secretary of the Se:1ate.
he Senate, )11 motion of Mr. Jones, r.djourned until 10 o'clock A.M. to.morrow.

SENATE OnAMBRR, ATLANTA, GEORGIA,

}

THURSDAY, November 2:3d, 188~, 10 o'clock, A.M.

The Se11ate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :

Davis,
DuBignon,
Fost>r,
Frederick,
Georgt>, Gustin,
Hoyt,
Hughes, Lamar,

Livingston,
McDonald, M>llrim, N>al,
Norman,
Oliver. Pa.ker, Parks,

Paull Pik>, Pol hill, RousP 1 Smith, 'l'utt, Yow, MR. PHESIDENT.

The Journal was read and approved. Mr. Livingaton, chairman of the Committee on Agriculture, made the following report, to-wit:

JJ!r. President:

The Committee on Agl'icultnre have had under consid-

eration the following bill, which they recomuwnd do pa,s,

as amended, to-wit: A bill regulating the sale of formulas,

patent, or otherwise, for compo3ting fertilizers, and for

other purposes. Respectfully submitted,

.

LIVINGSTON, Gltairrnan.



Mr. Tutt, chairman of the Railroad Committee, submits

the following report :

170

JOURNAL OF THE SENATE.

llh. President:
The Committee on Railroads have had under consideration the following bill, which they recommend do not pass, to-wit : A bill to amend an Act to provide for the regulation of railroad, freight and paesenger tariff in this State, and fo1 other purpoees. Respectfully su bmittec:t,
W. D. TuTr, Chairman.

Mr. Frederick offered the following resolution, which, bein~ approved by the proper committee, was agreed to by
the Senate, to-wit:

Resolved, That the Hon. B. B. Hinton, ex-State Senator, of the county of Lumpkin, be invited to a seat in the Senate during his stay in this city.

The following message was received from his Excellency the Governor, through Mr. Avery, his Secretary, to-wit:

Mr. President:
I am directed by the Governor to delive1 to the Senate a communication in writing with an accompanying document.

On motion of Mr. Frederick the foregoing message was taken up and read, as follows:

Ex~~:cunvE DEPARTMENT, STATE OF GEORGIA, } ATLANTA, GEORGIA, November 22d, 1882.
To the General Assembly:
I herewith transmit to your respective bodies a copy of a letter received to-day from the Honorable George Hillyer,
wherein he resigns the office of Judge of the Superior Courts of the Atlanta Judicial Circuit, to take effect so soon as a successor is chosen and qualified. The duty will therefore devolve upon yon, at your convenience, to pro-

THURSDAY, NovEMBER 23, 1882.

171

vide for fil~ing the vac!!-ncy by an election of a successor,

according to law.

ALEXANDER H. STEPHENS.

[(bpy.]
ATLANTA, GEORGIA, 22d November, 1882.
Hon. .A. II. Stephens, Gove1nor:
DEAR Sm: I hereby respectfully tender my resignation of the office of Judge of the Atlanta Circuit, to take effect so soon as a successor is chosen and qualified. This action is taken pursuant to a cherished desire of re.mming the practice of my profession.
Very respectfully,
GEORGE HILJ.YER.

On motion of Mr. Parks, the rules were suspended for the purpose of reading bills the third time.
The Senate took up the report of the Committee on the Judiciary on the bill of the Senate: To change the time of holding the Superior Courts for the county of Macon, etc.
Said committee recommended the passage of the bill by substitute. The substitute was adopted. The report was agreed to.
The bill was read the thin:i time and J.~assed, as amended
by substitute, by a constitutional majority, there being ayes
23, nays 0. The Senate took up the report of the Judiciary Com-
mittee on the bill of the Senate, to revise the Superior Court calendar for all the counties composing the Brunswick Judicial Circuit, and for other purposes.
Said committee reported in favor of the passage of the bill with amendments. The amendments were agreed to. The report was adopted.
The bill was read the third time and passed, as amended, . by a constitutional majority, there being ayes 23, nays 0.

172

JOURNAL OF THE SENATE.

The bill to prescribe the salaries of the Judges ')f the
Supreme and ::5uperior Courts, was taken up for a third reading, and on motion laid on the table for the present.
The bill to define the status and liabilitieR of all foreign railroad com panics or corpomtions, firms or individuals operating railroads in this State, was read the third time, and on motic.n of Mr. Tutt laid on the table for the present.
The bill to amend an Act to provide for the regulation of railroad freight and passenger tariffs, etc., was taken up for a second reading under adverse report of the Committee on Railroads, and laid on the table for the present.
The bill to regulate the sale of formulas, patent or otherwise, for composting fertilizers, and for other purposes, was read the second time and passed to a thi1d reading.
On motion of Mr. Meldrim, the Senate took a recess snbject to the call of the President.
After a brief recess the Senate was called to order by the President.
M1. George offered the following joint resolution which was read, to-wit:

Resolved bv the Senate, the Douse of Representatives concurring, Tha~. the General Assembly convene in joint session on Friday the 2-Hh inst., at 12 o'cloJk, meridian, for the purpose of electing a Judge to fill the vacancy in the Atlanta Judicial Circuit occasioned by the re~ign:ttion of the Hon. George Hillyer.

On motion of Mr. Tutt the same was amended by strik-

ing out "Friday the 2!th instant,'' and inserting "Tuesday

the 28th instant."

The resolution, as amended, was agreed to, and ordered-

to be immediately transmitted to the House of Representa_

tives.



The following message was received from the Hon<:e of

Representatives through M1. Ha1din, the Clerk thereof :

THuRsDAY, NovEMBER 23, 1882.

173

Mr. President:
The Home of Representatives has concurred in the resolution of the Senate fixing the time for electing a Judge in the Atlanta Circuit to fill the vacancy caused by the reeig nation of the Hon. George Hillyer.

Mt. Neal offered a resolution requesting the Governor to
furnish rifles to the trustee!' of theWest Georgia Agricultural College at Hamilton, Georgia. The same was read and re.ferrcd, on motion, to the Committee on the Military.
Under a sugpension of the rules, Mr. Pike offered the following bills which were read the first time and referred to the Judiciary Committee, to-wit:
A bill to provide for the creation and maintenance of chutes or passage-ways, for the passage of fish over the damE across the streama of this State, and for other purposes.
A bill to change the time of holding the Superior Courts
of the counties of Banks and Fmnklin, in the Western J u-
dicial Circuit, and for other purposes. A bill to change the time for the regular meeting of the
General Assembly; and a bill to change the time for holding the Superior Courts in the North-eastern Judicial Circuit.
Mr. Smith introduced the following resolution, which was taken up and read, to-wit:

WHEREAs, It appears from the records of the Superior Court of Fulton County, that the case of James L. Mitchell, Emma Blodgett et al. vs. J. M. Nace, tenant in possession, was determined in favor of the plaintiffs before the session of this General Assambly, and
WH~REAs, The said J. M. Nace was but a tenant of the
State of Georgia, and that said suit was brought, in truth, against the State, to recover certain property therein described, and

174

JoURNAL OF 'rHE SENATE.

Wm;REAS, The Governot and Attorney-General have both failed to communicate to this General Assembly the result <?f said suit, and the loss by the Srate of said pt opcrty:
Resolved, That a special committee of five be appointed hy the President, whose duty it shall be to investigate and report to this Senate how it was that !'aid case was so determined, and to enquire if the State really, in good faith, resisted said suit, and if there was, really, a trial of the same, and to ascertain if the verdiet and jndgment rendere.d i11 said case was the result of a compromise, and, if so, at whose instance and authority, and further to investigate and report whether or not said compromise (if any) is binding on the State.
Be it further resolved, That said committee shall be authorized to send for person~ and papers, and to employ a stenographic reporter, whose duty it shall be to take all the evidence had on the investigation, and report the same, together with the conclusions of said committee, to this Senate.
Mr. Livingston offered the following as a substitute for the foregoing. Pending the proposition for its adoption, the original was withdtawn by the mover with the consent of the Senate, leaving the substitute as the original propo sition, to-wit :

Resolved, That the Governor and Attorney-General be requested to furnish this Senate with such information as they may have in reference to a suit by James L. Mitchell, Emma Bodgett and others, vs. J. M. Nace, tenant in pos-
session.

The same was amended on motion of Mr. DuBignon, by adding the words, "ejectment lately p~mding in Fulton
Superior Oo;ut," and was furthe, amended, on motion of Mr. Gut~tin, by adding the following words: "and what dis-

FRIDAY, NovEMBER 24, 1882.

175

position has been made, if any, and by whose authority ; " so that the resolution as amended reads as follows:

"Resolved, That the Governor and Attorney-General oe
requested to fnrnioh this Senate with such information as th;y may havein reference to a snit by.J~:.mef\ L. Mitchell,
Emma Blodgett and others, vs. J. M. Nace, tenant in pos-
session, ejectment lately pending in Fulton Superior Court, and what disposition has been made, if any, and by whose authority."

The resolution, as amended, was agreed to. The Senate having disposed of all the business on the desk of the Secretary adjourned, on motion, until 10 o'clock, A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, } FRIDAY, November 24th, 1882, 10 o'clock, A.M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :

Beall, Davis, DuBignon,
Foster, Frederick, George, Gustin, H yt,

Hughes, Lamar, Livingston, McDonald, Meldrim, Nt-al, Norman, Oliver,

Parker, Parks, Pike, Pol hill, R use, Yow, MR. PRESIDENT.

The J onrnal was read and approved. Mr. DuDignon offered the following resolution which, being approved by the proper committee, was agreed to by the Senate:

176

JoURNAL OF THE SENATE.

Resolved by tle Senate, that the Ron. F. C. Furman, of the county of Baldwin, be invited to a seat on the floor of the Senate, during his stay in this city.
Mr. Du Bignon, chairman of the General Judiciary Committee, made the following report, which was read, to-wit :
Mr. President: The General Judiciary Committee have had under con-
sideration the following bills which they recommend do pa~s, to-wit:
A bill to be entitled an Act to declare betting on an election a mi~demeanor, and to prescribe a penalty for the same;
Also, a bill to repeal an Act entitled an Act to prescribe the conditions on which the State will assent to the holding of lands in this State by foreign corporations and corporations incorporated by the laws of other States, approved February 28th, 1877.
The committee have also had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to provide for the disburRement of fines and forfeitures in County Courts in cases transferred from Superior CoUItF.
A bill to amend the Constitution by striking out paragraph 15 and 16 of section 7, article 3.
A bill to amend section 1419 of the Code. A hill to require voters to vote in the militia district in which they reside. A bill to repeal sections 621, 622, 623, 624 and 625 of the Code of 1882. A bill to amend section 66l of the Code of 1882.
F. G. DuBIGNON, Oluiirman.

:Mr. Livingston, from tb~ special committee to enquire and report as to the feasibility of an early adjournment, sub. mitted the following majority and minority reports:

FRIDAY, NovEMBER 24, 1882.

177

.Kr. President:

The committee appointed by virtue of the joint resolu-

tion instructing them to report as to the feasibility of an

early adjournment, beg leave to submit the following report:

We find that there have been already introduced, and are

now awaiting action by the two houses, 424 bills and reso-

lutions. Your committee are of the opinion that it will be

impossible to properly perform the necessary business of

legislation at the present session, within the forty d'lys pre-

scribed by the Constitution, and that it will be absolutely

necessary to prolong the present session beyond the consti-

tutional term. This is attributable to the fact that the im-

portant duty of eiecting United States Senators, Judges of

the Supreme and Superior .Courts, and Solicitors-General, has consumed about half of the constitutional session, and

has prevented proper attention to other public business, so that committees having charge of the educational, financial,

railroad and penitentiary interests of the State, and other

public institutions anti interests, have not had the opportu-

nity for the proper disc~arge of their several important

~~

.

We believe that the public business cannot be finished at

this term, without protracting the session far into the winter,

which would most certainly result in causing much sickness

among the members (owing to the poor facilities for mak-

ing the Capitol building comfortable), and in this way the

progress of legislation would be hindered by the necessary

absence of members of the two houses.

Your committee are of opinion that the businesto of the

session can be facilitated, and the best interests of the State

subserved, by taking a recess at ~n early day, and reconven-

ing at some time during the month of July next, as herein-

after stated.

We would, therefore, recommend the adoption of the fol-

lowing resolution, viz :

12

178

JoURNAL OF THE SENATE.

Resolved by the Senate and HJuye of Representatives of the State :;if Georgia, That the General Aesembly will take a recess from Tuesday, the 5th day of December next, until the first Wednesday in July, 1883, and will prolong its_ preeent session, after the said recess, and beyond the constitutional limit of forty days, for so long a time as the proper attention to the public interests may require. This November 22d, 1882. JAMES G. PARKs, ()/~airman.
J. H. PoLHILL,
L. F. LIVINGSTON, Committee on the part of the Senate.
H. M. MciNTOsH, Chairman. J. T. JoRDAN, J. J. McDoNOUGH, J. S. JAMES, From the Committee on the part of the House.

MINORITY REPORT.
To the Senate and Huuse of Representative8 :
The undersigned members, on the part of the Honse of Representatives, of the committee appointed under joint resolution to report as to the feasibility of an early adjournment, disagree with the maJority report and respectfully submit the following:
We find that much of the mattl3r before the House is of a most important character, and demands early attention. Up to this date not a single bill or joint resolution has reached the Governr1r.
Almost all the completed work of the General Assembly has been the election of Senators, Judges, and SolicitorsGeneral.
These elections have been held, and the committees have now opportunity for the consideration of the bills before them; hence the business of the two houses can be dispatched with rapidity.

FRIDAY, NovEMBER 24, 1882.

179

Owing to the poor construction of the Capitol, we believe that the health of the members will be as much impaired by the excessive heat of the summer months as by the cold of winter.
We believe the length of the session will be much shortened by continuous legislation. as during the recess there will be opportunity of advertising a multitude of local bills; many of these of very small importance.
Since the adoption of the present Constitution, which declares that the sessions of the General Assembly shall be bienuial, there has been an adjourned session of each Legislature.
We believe the l"pirit of the Constitution should be followed, aR well as the letter, and we think that the line of precedents already set, should now be broken. We, therefore, di!;agree to the majority report, and recommend the adoption of the following resolution:

Resolved by the &nate and Rouse qf Representatives,

That the General ARsembly will continue in session until

the necessary legislation of the State shall be accomplished,

at which time the adjoumment shall be final.

All of which is respectfully submitted.

This November 22d, 1882.

R. E. MITCHELl.,

L. W. MoBLEY,

Of the Committee on the part of the House.

On motion of Mr. Livingston the foregoing reports were made the special order for Tuesday next, immediately after the reading of the Journal..
On motion of Mr. Lamar, leave of absence was granted Mr. Paul until Monday next.
On motion of Mr. McDonald, the rules were suspended for the introduction of bills.
The following bills were introduced, read the first time and referred as respectively indicated, towit:

180

J0URNAL OF THE SENATE.

By Mr. McDonaldA bHl to establi ;h a branch agricultural college at Waycross, Georgia. Referred to the Committee on Education. Also, by Mr. McDonal<iA bill to authorize the election of five Commissioners, or Assessors, for the valuation of all lands in each county of this State. Referred to the Committee on Fmance. By Mr. ParkerA bill to establish a ~ranch of the State University at Walthourville. Referred to the Committee on Education. By Mr. DavisA bill to amend Section 3910 of the Code of 1882, in relation to the appointment of Jury Commissioners. Referred to the Committee on the J udi<>iary. By Mr. PikeA bill to prohibit the Railroad Commissioner~, or their Clerk, from receiving fees in certain cases, and to provide a penalty therefor. Referred to the Committee on the Judiciary. On motion of Mr. Gustin, the Senate took a recess subject to the call of the President. After a short recess the Senate was called to order by the President. On motion of Mr. Davis, the Senate took up bills for a second reading. The following bills, taken up for the second reading, were, without being read, laid on the table for the present, to-wit : A bill to amend Section 14L9 of the Code of Georgia, which relates to the manner of obtaining license to retail spirituous liquors. A bill to repe'll Sections 621, 622, 623, 624 and 625 of the Code of 1882.
A: bill to amend Section 661 of the Code of 1882, and a
bill to amend the Constitution of this State by striking therefrom paragraphs 15, and 16, of section 7, article 3, in

FRIDAY, NovEMmm 24, 1882.

181

reference to special and local bills, to proY'ide f(lr submit-

ting this amendment for the people for ratification, and for

other purposes therein mentioned.

The following bills were taken up on their second read-

ing under adverse report of the Judiciary Committee, and

lost by agreement with the report of the committee, to-wit:

A bill to require voters to vote in the militia districts in

which they reside,

And a bill to provide for the disbursement of fines and

forfeitures eollected in County Courts in cases. transferred

to such Courts from the Supeiror Courts ~ond to create and

regulate liens thereon.

The following bills were read the second time and passed

to a third reading, to-wit :

A bill to declare betting on an election a crime, and pre-

scribing a penalty for the same ;



And a bill to repeal an Act entitled an Act to prescribe

the conditions on which the State will assent to the hold-

ing of lands in this State by foreign corporations and cor-

porations incorporated by the laws of other States.

On motion of Mr. DnBignon the bill to amend an Act

to provide for the regulation of railroad freight and pas-

senger tariffs in this State, etc., was taken from the table,

and made the special order for Monday next, immediately

after the reading of the Journal.

Mr. Pike, chairman of the Committee on Enrollment sub-

mitted the following report :

.Mr. President:

. The Committee on Enrollment report, as dnly enrolled

and ready for the signatures of the Ptesident and Secreta-

ry of the Senate, the following resolution of the House to-

wit:

A resolution for indexing the Journals of the present ses-

sion.

Respectfully submitted,

W. J. PxKE, Chairman.

182

JoURNAL OF THE SENATE.

Mr. Tutt, chairman of the Committee on Railroads, sub mitted the following report, to-wit:

.Mr. President:

The Committee on Railroads ha. e had under considcra

tion the following Senate bill which they recommend do

pass as amended, hy substitute, towit:

A bill in relation to an Act to enable the purchasers of

railroads to form corporations and to exercise corporate

powers, etc.

Respectfully submitted,

W. D. Tm, Chairman.

The bill in relation to an Act to enable the purchasers of railroads to form corporations, and to exercise corporate powers, etc., was read the second time and passed to a third reading.
Mr. Gustin offered the following resolution which, being approved by the proper committee, was agreed tn by the Senate to-wit:

Resolved, That the Hon. 0. A. Lochrane, ex-Chief Jus. tice of this State, be invited to a seat on the floor of the Senate during his stay in the city.

Mr. Boynton, the President, offered the following resolution, which was approved by the proper committee, and agreed to by the Senate, to-wit:

Resolved, That a seat on the floor of the Senate be tendered to Hon. R. T. Fouche, ex-Senator from the 42d District, during his ~:~tay in this city.

Mr. Livingston offered the following resolution which, being properly approved, was agreed to by the Senate, to wit:

SATURDAY, NOVEMBER 25, 1882.

183

Resolved by the Senate, That Hon. H. D. McDaniel, exSenator of Georgia, be in vited to a seat on the floor of the Senate during his stay in the city.

The Senate, having disposed of all business on the desk of the Secretary, adjourned until 10 o'clock, A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GEOKGIA, } SATURDAY, November 25th, 1882, 10 o'clock, A.M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :

Baker, Beall, Bush, Davis,
DuHignon, Eakes, Foster,
Fred~rick,
George, Gustin, Guyton,

Hoyt, Lamar, Livingston, Mtmdeville,
Martin,
McDonald, Meldrim,
.Morgan, Neal, Norman, Oliver, Parker,

Parks, Peeples, Pike, Polhill, Rouse, Smith, Tatum, Tutt, Walker, Wilcox, Yow,
MR. l'BESIDENT.

The Journ:~.l was read and approved. Mr. Martin offered the fo1lowing resolution, which being approved by the appropriate committee, was agreed to by the Senate, to-wit:

"Resolved, ThatHon. W. S. Dent, of Newnan, be invited to a seat on the floor of the Senate during his stay in this city. "

184

JouRNAL OF THE SENATE.

On motion of Mr. Davis, Mr. Hughes was excused from
attendance on the sessions of the Senate during this day, by reason of his indisposition.
Mr. Livingston, chairman of the Committee on Agriculture, submitted the following report :

Mr. President:
The Committee on Agriculture have had under consideration the following Senate bill, which they recommend do pass by substitute, to-wit:
A bill to repeal an Act to provide for the keeping of a record, in each county of this State, of the wild lands lying and being therein, and to regulate the manner of giving in wild lands for taxation in this State, approved September 28th, 1881. Respectfully submitted,
L. F. LIVINGSTON, Chairman.

Mr. DuBignon, chairman of the Judiciary Committee, made the following report, to-wit:

Mr. President :

The General Judiciary Committee have had under con-

sideration the fvllowiug bill, which they recommend do

pass, to-wit :

A bill to be entitled an Act to amend an Act to prohibit

the Railroad Commissioners, or their Clerk, from receiving

fceR in certain cases, and to provide a penalty therefor.

The committee have also had under consideration the

following bill, which they recommend do pass by substi-

tute, to-wit:

A bill to be entitled an Act to amend an Act approved

October 15th, 1879, with regard to advertising fees of offi-

cers.

F. G. DuBIGNON,

Chairman.

SATURDAY, NovEMBER 25, 1882.

185

The following bills were read the second time and passed to a third reading, to-wit:
A bill to prohibit the Railroad Commissioners, or their Clerk, from receiving fees in certain cases, and to provide a penalty therefor.
A bill to amend an Act approved 15th October, 1879, with regard to advertising fees of officer~:~, and a bill to repeal an Act to provide for the keeping of a record in each county of this State, of the wild lands lying and being therein, and to regulate the man.ner of giving in wild lands for taxation in this State, approved September 28th, 1881.
On motion of Mr. DuBignon the rules were suspended. for the purpose of reading bills the third time.
The Senate took up the report of the Committee on Railroads on a bill in relation to an Act to enable the purchat!ers of railroads to form corporations, and to exercise corporate powers, etc.
The committee reported in favor of its passage by substitute, which is a bill to amend an Act entitled an Act to enable the purchasers of railroads to form corporations, and to exercise corporate powers, and to define their rights, powers and privileges, said Act approved February 29th, 1876, and to amend Section 1689y of the Code of 1882, which contains the sam~ provision of law hereby sought to be amended.
The substitute was adopted. The report of the committee was agreed to. The bill was read the 'hird time and passed as amended by substitute, by cone.titutional majority, there being ayes 30; naysO. The Senate took up the report of the Committee on tl;le Judiciary on the bill to repeal an Act entitled an Act to pre scribe the conditions on which the State will assent to the holding of lands in this State, by foreign corporations incorporated by the laws of other States, approved February 28th, 1877.

186

JouRNAL OF rHE SENATE.

The report, which was favorable, was agreed to. The bill was read the third time and paBBed by constitutional majority, there being ayes 27; nays 0. The Senate took up the report of the Committee on Agriculture, on the bill to regulate the sale of formulas, patent, or otherwise, fot composting fertilizers, and for other purposes. The committee reported in favor of its passage with an amendment. The amendment was agreed to. The report wa<~ adopted. The bill was read the third time and passed, as amended, by constitutional majority, there being ayes 25; nays, 3. The Senate took up the report of the Judiciary Committee on the bill to declare betting on an election a crime, and prescribing a penalty for the same. The committee reported in favor of its passage with an amendment, which was agreed to. The report was adopted. The bill was read the third time and passed, as amended, by constitutional majority, there being ayes 27; nays, 0. On motion of Mr. DuBignon, the rules were suspended to enable him to introduce a bill, when he introduced the following bill, which was read the first time and referred to the Committee on the Judiciary, to-wit: A bill to authorize and prescribe the manner of removing citations for settlement in favor of or against administrators, executors or guardians, from one county to another, and for other purposes. On motion of Mr. Livingston, the rules were further suspended, to enable him to introduce a memorial, to-wit : .A memorial of a committee from the State Agricultural Society, which was presented and read as follows, to-wit:

SATURDAY, NoVEMBER 25, 1882.

187

ATLANTA, November 23d, 1882.
To the Senate and the House of Representatives of the State of Geo'rgia :
At the last Convention of the State Agricultural Society, held in Marietta, in August, 1882, after a full and thorough discussion, it was unanimously reeolved that the Society, repreQenting the farmers and varied industries of the State would use its best efforts to establish experimental farms. The absolute necessity for such experimental farms is recognized and felt by the great mass of farmers who have examined the question. The Society is unable of itself to establish such farms.
The whole people of Georgia are directly interested in the results, and, therefore. the Convention determined to memorialize yqur honorable body, and ask that the State establish one or more experimental farms~ under such regulations as, in your wisdom, may be thought best, and for this purpose appointed the undersigned committee in the name, and for the Society, to present their petition, with the accompanying bill.
We do not assume that the bill is perfect in all its parts, but it embodies the general views of the Socidy. Such modifications may be made from time to time, as the practical workings on the farms may hereafter prove necessary.
With just and proper pride the Society has, for years, looked to the immense natural resources of the State to furnish that prosperity so much desired by all.
County societies, neighborhood clubs, the State Society, and the Agricultural Department, have accomplished some. thing, as is demonstrated by increased production, but when compared with what could have been done, and should have been done, with the capabiHties of the State, it seems as almost nothing.
That "knowledge is power," is recognized and felt by every successful farmer, and experiments have been made, and are being made, by a great many individuals, but these

188

.JoURNAL OF THE SENATE.

experiments only demonstrate the inability of any individual, unaided, to make th> proper and necessary tests. The whole people are to be benefitted by every successful experiment, whereby production is increased, and, in the same way, thousands saved to farmer.; where certain methods and combinations are shown to he failures. Our own distinguished State Chemist, Dr. H. C. White, has well said, in one of his able reports, that" We are lamentably ignorant of some of the essential firat principles which should govern the fertiliz<~.tion of land for our principal crops," and further, that " he does not see ho;v we are ever to be less so without experimentation, scientifically conducted." We would impress, if possible, the truth as stated by the same distinguished person, that "ammonia is the most costly ingredient of commercial fertilizer!', and is pnrch~ed and applied in several distinct forms, but that th~ que~tion as to which of these forms is the most economical and best suited for agricultural purposes, is certainly a very imp:)rtant one, involving, as it does, the whole question of the form in which plants prefer to take their neces:>ary nitrogen, but about which very little is at present known, <~.nd further, that not one single ea:lperiment qf {Ids nature has ever been made on cotton."
Hundreds of thousands are annually expended for commercial fertilizers-on an average at the cost of one bale of cotton for every ton of fertilizers, and about one hundred and twenty-five thousand tons inspected and sold in Georgia the past year. In round numbers, six million, two hundred and fifty thousand dollars expended in Georgia for fertilizers; and it is fair to assume that one-half is misapplied and lost for want of knowledge as to the proper application. This loss is demonstrated in every neighborhood every year. The loss falls upon the people and upon the State at large; the only beneficiaries being the manufacturers of these fertilizers who live without the limits of the State, and to whom the cotton is sent. Georgia is thus drained of this immense

SATURDAY, NovEMBER 25, 1~82.

189

sum every year, and for which she receives no fair equivalent.
It is liberal to say that one-half the fertilizers used make a fair retmn. It is not the fault of the manufacturers, nor of the fertilizers, for the ingredients and value are aetermined and known by skilled inspectors-but the loss is from misapplication and want of knowledge as to the proper application and combinatiofls sui1ed in the various soils of the State. This loss is not confined to cotton alone, but surely this would be enough for the State and people to lose. The same want of knowledge in the production of corn, wheat, rye, oats, barley, rice, cane, and, in fact, every crop, including the grasses, is seen and felt all over Georgia. We do not assume too much for Georgia, when we say she possesses every variety of soil, rich and inexhaustible, when properly handled and cultivated, and phosphates, marls, rocks and minerals, containing food for every plant, vegetables, cereal, fruit and flower, and for everything necessary and useful for man and beast, fish and fowl, and for every vine and flower, to decorate and adorn and beautify this goodly land of ours.
Knowledge, as to the proper and wise use, alone is wanting, and now a fearful deficiency.
To the State Agricultural Society the importation of bread-stuffs, when the same soil, cultivated by the same process with the same or less labor, if intelligently directed, would produce a large mrplus, to be exported, is a matter of &.larm for our future. The lamentable effect is presented to the Society every year, that thousands of farmers yet doubt the adaptability of our soil to the profitable culture of the grasses; and, as a consequence, beef, mutton, bacon, butter and wool are imported when it is known that there are grasses suited to every soil and climate in the Statefrom the mountains to the sea-board, and if utilized, would not only supply .the wants of our own people, most abundantly, bnt furnish a large surplus to be exported, and contribute so much more to the wealth of the State. That

190

.JOURNAL OF THE SENATE.

our own minerals, marls and rocks would supply every need-

ed fertilizer is a question undoubted by the well infotmed.

The State Constitution provides that there shall be a

common school systt:m for the education of all the children

of Georgia, and all admit the desirableness and necessity

for such a system. It is claimed that the State is too poor

to provide the means, and the people too poor to establish and maintain the school~. The Agricultural Society insist

that the experimental farms, properly managed and con-

ducted, will not only. s!lve enough, by educating the

farmers, to enable the State to provide the means from

what ie now lost, to establi&h and maintain a Common School

system, but will enable the farmers to educate their own

children in schools of higher grade, which will be established

in every county. The experiments, as made, being furn-

ished the farmers of the State, will prove a great education,

and the only hope of supplying the great want of our farm-

ers. Experiments made by individuals are not known to

the massess, but only to a few. Fatms organized as asked

for will conduct the experiments for all the people of Geor-

gia, and be open to the criticism of all. In view of these

facts, hastily presented, and crudely thrown together, and

a thousand others suggestive to every intelligent Geor-

gian, the comn:ittee, in the name and behalf of the State,

and of the farmers of Georgia and the Agricultural Society,

most respectfully, hut earnestly ask a favorable consider-

ation of and the passage of the bill presented, with such

modification as you may deem just, wise and proper.

Ali of which is respectfully submitted.

WM. PHILLIPS,

F. C. FuRMAN,
w. II. SIMMONS.

L. F. LIVINGSTON,

w. c.

MABRY,

D. B. HARRELL,

J. C. DoLL,

R. J. RowELL.

SATURDAY, NovEMBER 25, ~882.

191

Mr. Livingston having made an oral statement in regard to the nature of the bill referred to in the foregoing memorial, it was read. Subsequently to the reading thereof Mr. DuBignon made the point of order that it being in the nature of a bill for the appropriation of money, it could not originate in the Senate, and should not be entertained by that body.
Pending a decision. of the point of order, a motion was made to refer the bill with the question of ite admissibility to the Committee on the Judiciary.
The President pro tem submitted the motion to refer to a vote of the Senate, ruling that the bill having been read, had passed beyond the power of the Chair, and was subject only to the control of the Senate.
The motion to refer prevailed. The title of the bill is as follows, to-wit : A bill to establish one or more experimental farms in the State of Georgia; to provide an appropriation for the same; to authorize the acceptance of bequests in the name of the State, and for other purposes. On motion of Mr. Frederick, the rules were suspended for the purpose of allowing the introduction of a bill, whereupon Mr. Baker introduced a bill to abolish the Department of Agriculture of the State of Georgia, and for other purposes, which was read the first time and referred to the Committee on Agriculture. The Senate having dispo~;~ed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A.
v., Monday next.

192

JouRNAL oF THE SENATE.

SENATE CHAMBER, ATLANTA, GA., } MoNDAY, November 27th, 1882, 10 o'clock, A.M.
'!'he Senate met purauant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D.D. Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :

Baker, Beall,
Bush, Davis,
DuBignon, Foster, Frederick, George, Greer,
Gustin, Guyton, Hoyt,
Hughes,

Jones, Knight,
Lamar,
Livingston,
Mandeville, McAfee, McDonald, Meldrim,
:Morgan,
Neal, Norman,
Oliver,
Parker,

Parks, Peeples, PikP,
Polhill,
Rouse,
Smith, Tatum, Thompson, Tutt, Walker, Wilcox, Yow, MR. PRESIDENT.

The Journal was read and approved. On motion of Mr. Davis, so much of the Journal of the Senate as relates to the passage on Saturday last of a bill to re)Jeal an Act entitled an Act to prescribe the conditions on which the State will assent to the holding of lands in this State by foreign corporations, and corporations incorporated by the laws of other States, approved February 28th, 1877, was reconsidered, aud the same was, on his motion, recommjtted to the Committee on the J ndiciary. Mr. Livingston requested, and was granted, leave to withdraw from the Senate a bill introduced by him on Saturday last, which is a bill to establish one or more experimental farms in the State of Georgia; to provide an appropriation for the same; to authorize the acceptance of bequests in the name of the State, and for other purposes, the object of withdrawing being to expunge the feature thereof which relates to appropriation of money.

MoNDAY, NovEMBER 27, 1882.

193

The following communication was received from his Excellency the Governor, through Mr. Warren, his Secretary, to-wit:

Mr. President:
I am ilirected by his Excellency the Governor, to deliver to the Senate a sealed communication to which he respectfully invites the consideration of your honorable body in executive se~sion.
By reeolution of Mr. Polhill, approved by the proper committee, the Hon. Malvern H. Wright, of Richmond county, was invited to a seat on the floor of the Senate.
By resolntion of Mr. Tutt, approved b.Y the proper committee, the Hon. Patrick Walsh, of the county of Richmond, was invited to a seat in the Senate during his stay in the city.
The following message was received from the House of Representatives, th~ongh Mr. Hardin, the Clerk thereof:

Mr. President :
The House has passed the following bills, to-wit : A bill to amend the several Acts incorporating the town of Canton, in the county of Cherokee, to provide for a Mayor and Council, and to prescribe their powers and duties and for other purposes ; Also a bill to alter and amend the several Acts incorporating the town of Hawkinsville, in Pulaski county; Also a bill to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters, in the county of Monroe, after submitting the same to the qualified voters of said county; to provide a penalty and for other purposes ; Also a bill to amend Section 1762 of the Code of 1882, s<> that the wife, upon the payment of the debts of the husband, may take possession of his estate without administration, sue for and recover the same; Also a bill to prohibit the sale or disposal of alcoholic,

194

JOURNAL OF THE SENATE.

spirituous or malt liquorP, or intoxicating bitters, in the county of Decatur, and for other purposes therein named;
Also a bill to amend an Act to car,y into effect Article 6, Sect:on 7, paragraph 2, of the Constitution of this State as to appeah in Justice Courts and therefrom, approved December 16th, 1878, so as to authorize appeals to juries in Justice Court, whether the sum claimed is less than or exceeds fifty dollars;
Also a bill to repeal Section 1278 of the new Code of Georgia, which provides where electors may vote;
Also a bill to allow the Judges of the County Courts of this State to hold Court in other counties than their own in certain cases :
Also a bill to repeal the first Section of an Act to regnlate and fix the time of holding elections by the General Assembly, approved September 28th, 1881;
Also a bill to amend Section 874 b of the Code of 1882, in reference to the sale of wild l:tnds;
Also a b:ll to alter and amend Section 1456 of the Revised Code of this State in relation to firing woods, lands and marshes;
Also a bill to change the time of holding Superior Conrt in Twiggs connty.

The Senate took up the special order for the morning, which is a bill to be entitled an Act to amend an Act entitled an Act to provide for the regulation of railroad freight and passenger tariffs in this State; t0 prevent nnjnst discrimination and extortion in the rates charged for trans. portation of pa::sengers and freight; and to prohibit railroad companies and lessees in this Stae from charging other than just and reasonable rates, and to punish the ~arne; and to prescribe a mode of procedure and rules of evidence in relation thereto ; and 'to appoint Com rni5sio11ers, and to prescribe their powers and duties in relation to the same. Approved 14th October, 1879.
This bill having been referred to the Committee on Rail-

MoNDAY, NovEMBER 27, 1S82.

195

roads, was reported back to the Senate with the recommendation that it do n(lt pass.
Mr. Smith moved to disagree to the report of the committee. This motion was lost.
The report of the committee was agreed to, and the same being ad verse, the bill was lost.
By resolution of Mr. Boynton, President, properly approved, the Hon. Hugh Buchanan, Congressman-elect from the Fourth Congressional District, and Hon. B. F. Pa.yne, ex-Senator from the Thirty-Ninth Distl'ict, were invited to seats in the Senate during lheir stay in this city.
The Senate, on motion, went into executive session, and having spent some time therein, returned to open session.
On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and referred as respectively indicated, to-wit:
By Mr. Morgan;_ A bill to further prescribe the manner in which foreign insurance companies shall obtain licen~es, etc. Referred to the Judiciary Committee. By Mr. Boynton, the PresidentA bill to amend Section 250 of the Code of this l:;tate, so that the same may apply in criminal case;~, and for other purposes. Referred to the Judiciary Committee. By Mr. LivingstonA bill to establish one or more experimental farms in the State of Georgia; to authorir.e the acceptance of bequests in the name of the State; and for other purpose~. Referred to the Committee on Agriculture. On motion of Mr. J onei!, bills of the House were read the first time, and referred as respectively indicated, towit: A bill to amend Section 1762 of the Code of 1882, so that the wife, upon the payment of the debts of the husband, may take possession of his estate without administration, sue for and recover the same. Referrcd to the Judiciary Committee.

196

JoURNAL OF THE SENATE.

A bill to alter and amend the several Acts incorporating the town of Hawkinsville, in the county of Pulasld, and to grant certain powers and privileges to said town, and for other purposes. Referred to the Commhtee on Corporations.
A bill to prohibit the sale of alcoholic, spirituous or malt liquorlj, or intoxicating bitters, in the county of Monroe, after submitting the same to the qualified voters of said county; to provide a penalty, and for other purposes. Referred to the Special Judiciary Committee.
A bill to repeal the first section of an Act to regulate and fix the time of holding elections by the General Assembly. Approved September 28th, 18~1.
A bill to alter and amend Section 1456 of the Revised Code of this State, in relation to firing woods, lands and marshes. Referred to the Committee on Agriculture.
A bill to prohibit the eale or disposal of alcoholic, 8pirituous or malt liquors, or intoxicating bitters, in the county of Decatur, and for other purposes. Referred to the Committee on Tempe: ance.
A bill to repeal Section 1278 of the new Code of Georgia, which provides where elections may be held. Referred to the Committee on the Judiciary.
A bill to allow the Judges of the County Courts of this State to hold Court in other counties than their own, in certain case8. Referre<i to the Committee on the Judiciary.
A bill to amend the several Acts incorporating the town of Canton, in the <:ounty of Cherokee, to provide for a Mayor and Council, and to pre8cribe their powers and duties, and for other purposes. Referred to the Committee on Corporations.
A bill to change the time of holding the Superior Court in Twiggs county. Referred to the Special J11diciary Committee.
A bill to amend an Act entitled an Act to carry into
effect Article 6, Section 7, paragraph 2, of the Constitution

TuEsDAY, NovEl\IBER 28, 1882.

197

of this State, as to appeals in Justice Courts and therefrom, approved December 16th, 1878, so as to authorize appeals to jtuies in Justice Courts, whether the sum claimed is less than or exceeds fifty dollars. Referred to the Committee on the Judiciary.
A bill to amend Section 874 b of the Code of 1882, in reference to the sale of wild lands. R9ferred to the Committee on the Judiciary.
The Senate having di:;posed of all bJBiness on the desk of the Secretary, adjourned, on motion, until 10 o'clock, A. :r.1., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, } TuEsDAY, November 28th, 188~, 10 o'clock, A.M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered.by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll, the followin~ Senators answered to tl:eir name~ :

BakPr1 Beall, B1sh, Davis, DuBignon, Eakes, F<>Stcr, Frederick, Geor.ce, Greer, Gustin, Guyton, Harris, Hoyt,

Hughes, Jone11,
Knight,
Lamar,
Livingston,
Mandeville, Martin,
McAfee, McDonald, Meldrim, Morgan,
Neal, Norman,
Oliver, Parker,

Parks, Paull,
Peeples, Pike, Polhill, Rouse,
Smith, Tatum,
Thompson,
Tutt,
Walker, Wilcox, Yow,
MR. PRESIDENT.

The Journal was read and approved. Mr. DuBignon, chairman of the Judiciary Committee, submitted the following report, to-wit:

198

JouRNAL OF THE SENATE.

.1111-. President :
The GeneralJudiciary Committee have had under con!Oideration the following bill, which they recommend do pass by substitute, to-wit:
A bill to be entitled an Act to amend Section 4709c of the Code of 1882.
The Committee have alEO had under consideration the following bill, which they respectfully recommend be referred to the Committee on Railroads, to-wit:
A bill to amend Section 3033 of the Code, relating to the liability of railroad!!, etc.
F. G. DuFIGNoN, Chairman.

The following meH;age was received from the House, through Mr. Hardin, the Clerk thereof:
Mr. President:
The HouEe has paEEed the following bills, to-wit: A bill to be entitled an Act to change the time of holding the Superior Court of Crawford county, and for other purposes. Also a bill to be entitled an Act to incorporate the Spring Creek Canal and Improvement Company; to grant certain privileges therein named, and for other purposes.
The special order of the morning was taken up, viz : The majority and minority reports of the Special Joint Committee appointed to conE-ider and report upon the feasibility of an early receE-s.

MAJORITY REI'ORT.
To the Senate and Ilouse of Representatives: The committee appointed by virtue of the joint resolu-
tion, instructing them to report as to the feasibility of an

TuEsDAY, NovEMBER 28, 1882.

199

early adjomnment, beg leave to submit the following report:
We find that there have already been introduced and now awaiting action by the two houses 42! bills and resolutions. Your cvmmittee are of the OfJinion that it will now be impossible t,J properly perform the necessary bu-iness of legislation at the present session within the forty days prescribed by the Constitution, and that it will be absolutely neces~;ary to prolong the present sesr:ion beyond the Constitutional term. This is attribut<\ble to the fact that the impJrtant duty of electing United States Senators, Judges of the Supreme and Superior Court~>, and Solicitors-General, has consumed about half of the Constitutional session, and has prevented proper attention to other public business, so that committees having charge of the educational, financial, railroad and penitentiary interests of the State, and other public institutions and interests, ha v.e not had the opportunity for the pmper di:>charge of their several important duties. We believe that the public bu~iness cannot be finished at this term without protracting the session far into the winter, whieh would most certainly result in causing much 8ickness among the members, (owing to the poor facilities for makirg the Capitol building comfortable,) and in thi:> way the progress of lPgit:lation would be hindered by the necessary absence of members of the two houses. Your Committee are of the opinion that the business of the session can be facilitated, and the best interests of the State subserved, by taking a recess at an early day, and reconvene at some time during the month of July next, as hereinafter stated. We would, therefore, recommend the adoption of the following resolution, viz :

Resolved by the Senate and House of Representatives of tlte State of Georgia, That the General Assembly will take
a recess from Tuesday, the 5th day of December next, until
the first Wednesday in July, 1883, and will prolong its pres-

200

JOURNAL OF THE SENATE.

ent session after the said recess, and beyond the constitu tional limit of forty days for so long a time as the J>:roper attention to the public interest may require.
All of which is respectfully submitted. This Nqvember 22d, 1882. JAs. G. PARKS, Chairman,
J. H. PoLHILL, L. F. LIVINGSTON, Committee on part of the Senate.
H. M. MciNTOSH, Chairman, J. T. JoRDAN, J. J. McDoNOUGH, J. S. JAMES, From the Committee on the part of the Honse.

MINORITY REPORT.
To the Senate anil House of Representative8 :
The undersigned members on the part of the House of Representatives of the committee appointed under joint resolution to report as to the feasibility of an early adjournment, disagree to the majority report, and respectfully submit the following :
We find that much of the matter before the Honse is of a moet important character, and demands early attention. Up to this date not a single bill or joint resolution has reached the Governor.
Almost all the completed wotk of the General Assembly has been the election of Senators, J ndges and SolicitorsGeneral.
These elections have been held, and the committees have now opportunity for the consideration of the bills before them, hence the business of the two houses can be dispatched with rapidity.
Owing to the poor construction of the Capitol we believe that the health of the members will be as much impaired by the excessive heat of the summer months as by the cold of winter.

TuEsDAY, NovEMBER 28, 1882.

201

We believe the length of the session will be much .shortened by continuous legislation, as during the recess there will be opportunity for advertising a multitude of local bills, many of these of very small importance.
Since the adoption of the present Constitution which declares that the sessions of the General Assembly shall be biennial, there has been an adjourned session of each Legislature.
We believe the spirit of the Constitution should be followed as well as the letter, and we think that the line of precedents already set should 11ow be broken.
We therefore dit!agree to the majority report, and recommend the adoption of the following resolution :

Resolved 011 the Senate and llouse of Representatives, That the General Assembly will continue in session until the neceesary legislation of the State shall be accomplished, at which time the adjournment shall be final. All of which is respectfully submitted. This November 22d, 1882.
R. E. MITCHELL, L. W. MoBLEY, Of the Committee on the part of the House.
Mr. Greer moved to make the pending snbj~ct matter the special order for Thursday next, immediately after the reading of the Journal. This motion did not prevail.
Mr. Gustin then offered the following joint resolution as a substitute for the majority and minority reports, to wit:

Resolved by the Senate and House of Representatives, twothirds of each house concurring, That the General Assembly will prolong its session beyond the forty days, for such time as may be required to transact the public'busines~.

Mr. McDonald moved that the whole subject matter be made the special order for Monday next. This motion was lost.

202

JouRNAL oF raE SENATE.

Mr. Greer moved to lay the pending matter upon the table for the present. This motion wall lost.
Mt-. Pike proposed to amend the substitute by striking out the words: "for su'lh time as may be required to transact the public business," and in.;erting in lieu thereof: "for the space of ten days." This amendment was not agreed to
The question recurring on the adoption of the substitute, the ayes and nays were required to be recorded thereon.
Those who voted in the affirmative are, Messrs. :

Baker, Beall,
Bu~h,
Davis, Eukes,
Foster,
Frederick, George, Gustin, Guyton,
Harris,

Hoyt, Knight,
Lamar,
Livingston,
Martin, McAfee,
Meldrim, Morl(an,
Neal, Norman, lJliver,

Parker, Parks, Paull, Pollhill, Rouse, Smith, Thompson, Tutt, Wilcox, Yow,
MR. PRESIDENT.

Those who voted in the negative are Mei!srs.

DuBignon, GHurgele!r~s. Jones,

Mandeville, McDonald, Peeples,

Pike, Tatum,
Walker.

There are ayes, 33 There are nay,, 10. The substitute, having received a majority of two-thirds, was declared adopted. Mr. DuBignon submitted as a point of order, that the vote of the Senate was not a final vote on the adoption of the resolution, but was only a vote by which the same was substituted for the original proposition. The President overruled the point of order, declaring that the adoption of the sub11titute in lieu of the original was ?ractically the same as a vote adopting it as a finality. Mr. Pike appealed from the decision of the Chair. On submitting the question: "Shall the ruling of the Chair tJtand as the judgment of the Senate?" it was decided in the affirmative.

TuESDAY, NovEMBER 28, 1882.

203

The ret:olotion just agreed to was ordered to be transmit, ted to the Hoose of Representatives at once.
Mr. Livingston, chairman of the Committee on Agriculture, submitted the following report:

.Mr. President:
The Committee on Agriculture have had onder consideration the following Hoose bill, which they recommend do not pass, to-wit:
A bill to alter and amend Section 1456 of the Code of 1882;
Also the following Senate bill which they recommend that the introducer be allowed to withdraw, to-wit:
A bill to regulate the sale of cotton seed in this State ; Also the Senate resolution askh,g the Commissioner of Agriculture to furnish the Senate with an itemized statement of the expenses of the Department of Agriculture for the last two years, the number of clerks employed in his office, and authority for the same, all of which Las been complied with. On which we make no special recommendation. Respectfully submitted,
L. F. LIVINGSTON, Chairman.

The following communication was received from Lis Excellency the Governor, through Mr. Warren, his Secretary, to-wit:
.Mr. Prtsident:
I am directed by his Excellency the Governor, to deliver to the Senate a communication in writing with accompanying document.

The same was, on motion, taken up and read, and is as follows, to-wit:

204

JoURNAL OF THE SENATE.

ExEcunvE DEPARTMENT, STATE OF GEoRGIA, } ATLANTA, GEoRGIA, November 28th, 1882.

To the General Assembly :

After your adjournment yesterday evening a letter reach

ed the Executive Department from the Honorable George Hillyer, of which I think it proper to give you ptompt

notice. A copy of that letter, which accompanies this com-

munication, sufficiently explains itself. The former letter of Judge Hillyer resigning his office of J ud~e, etc., so soon

as his successor should be chosen and qualified, I aid think

and do think, quite clear enough and explicit to authorize

the General Assembly to proceed to the election of a suc-

cessor. The Judge, while entertaining the same opinion,

still, however, to remove all doubt, has thought fit to E"end in an absolute resignation which has been accepted. If any

members of the General Assembly have heretofore enter-

tained any doubts upon this point, these are by this com-

munication removed; and your bodies will therefore, with-

out hesitation, proceed to till the place as the dictates of

your duty may direct.

ALEXANDER H. STEPHENS.

[Oopy.]

ATLANTA, GEoRGIA, 25th November, 1882.

Ron. A. II. Stephens, Governor: DEAR SIR: From further consideration it has occurred
to me that some doubt may be suggested as to the power of the I.egislature to proceed with an election until after a va caney has been fully consummated. I have, myself, no doubt on the point, and suppose you have none, by your message to the General Assembly. However, to remove any sort of hesitancy or debate, l hereby respectfully ask that my resignation be deemect as absolute from the delivery to you of this letter on Monday next, and th.tt the same take effect then instead of "when a successor is qualified." I write now because I am going out of the city this Saturday night
Very respectfully,
GEO. HILJ.YER, Judge S. 0. A. 0.

TuEsDAY, NoVEMBER 28, 1882.

205

Mr. Morgan, chairman of the Committee on the Academy for the Blind, made the following report:

Mr. President:

The commi.tee appointed by the President of the Senate

on the Academy for the Blind, beg leave to submit the fol-

lowing report:

We have visited the Institution of the Blind, at Macon,

and while there an exhibition was made of the progress of

the pupils in the respective departments of literature, musi-

cal and industrial pursuits, and the peculiar modes of in-

struction, which was highly satisfactory to your committee.

We found ou examination that the home of these unfortu-

nate pupils is kept in a very good manner. We found,

however, the sleeping apartment was not properly heated,

and that it is at this time very uncomfortable, not hav-

ing any heaters, or carpets or fires; and we recommend that

the Principal of this Institution take immediate steps to

have these improvements made.

The pupils all have the appearance of being. well cared

fot, and are in a healthy condition.

We recommend that the annual appropriations be made

as heretofore.

And we further recommend all the appropriations asked

for, for the purposeR stated in the report of Professor Wil-

liams, the principal of said Institution.

All of which is respectfully submitted.

A. S. MoRGAN, Chairman.

T. D. WILcox,

E. M. Busn,

J. M. RomE,

H. 0. pARKER,

w. T~

OLIVER,

T. J. NEAL,

J. D. FREDERICK.

206

JOURNAL OF THE SENATE.

On motion of Mr. Tatum the following resolution reported back to the Sen:1te, this day, by the Committee on Agriculture was takcu up, to-wit :

Resolved, That the Commissioner of Agriculture be required to furnish the Senate with an itemiz ~d E'tatcment of the expenses of the Department of Agriculture for the last two years, the number of clerk8 employed in his office, and his authority for the employment of more than one clerk.

Mr. Tatum offered the following as a substitute for the foregoing, to-wit:

Resolved, That the Commissioner of Agriculture be reqniled to have printed, two hundred copies of hi.; quarterly reports made to the Governor for the year 1882, for the use of the Senate.

Mr. Livingston moved to refer the proposed substitute to the Committee on Public Printing, bnt after discussion withdrew his motion.
Mr. Tatum then withdrew the original resolution with the consent of the Senate, and offered the foregoing substitute as an original proposition. The same was agreed to.
On motion of Mr. Baker, the rules were suspended to allow him to introduce a bill. Whereupon he offered the following bill, which was read the first time and referred to the Committee on the Judiciary, to-wit:
A bill to require the Governor and Secretary of State to issue grants to !ots of land that have been granted in the name of fictitious persons, or fraudulently."
Mr. Smith offered the following resolution which was read, to-wit :

Resolved by the Senate and Ilouse of Representatives, That on the 8th day of December, 1882, the General Assembly d~ take a recess -until the 1st Wedne<day in July

TuEsDAY, NovEMBER 28, 1882.

207

next, to reconvene on that day at 10 o'clock, A M., for the

purpose of finishing the public business.

,

By resolution of Mr. Smith, properly approved, Hon.

James H. Turner, of the county of Henry, was inviteJ to a

seat on the floor of the Senate during his t:tay in this city.

By resolution of Mr. Baker, General William T. Wofford,

of the county of Bartow, was invited to a seat in the Senate

during his stay in this city.

Mr. McAfee presented a memorial of certain ladies of the

county of Lumpkin, relating to the pa~sage of prohibitory

laws on the subject of the liquor traffic, which was read and

referred to the Committee on Temperance.

At the hour of 12 o'clock, meridian, the Senate, in obedi-

ence to a joint resolution, repaired in a body to the Repre-

sentative hall, where, being received by the Honse of Rep-

resentatives, the President took the chair and called the

General Assembly to order, announcing that the two houses

Lad convened in joint seesion for the purpose of electing a

Judge of the Atlanta Judicial Circuit, to fill the unexpired

term caused by the resignation of the Hon. George Hillyer.

The Secretary, by direction of the President, read the

joint resolution under which the joint session was convened.

The President announced that the General A8sembly

would proceed to elect a Judge for the Atlanta Judicial

Circuit. to fill the vacancy caused by the resignation of the

Ron. Geerge Hillyer, and that nominations would be re-

ceived therefor.

Whereupon Mr. Head nominated Mr. Robert L. Rodgers

of the county of Fulton.

Mr. Hulsey nominated Mr. Marshall J. Clarke ')f the

county of Fulton.

Mr. Hoge nominated Mr. Wm. R. Hammond of the

county of Fulton.

There being no other nominations the Secretary, by

direction of the President, called the roll for said electiou.

The Senators who voted for Mr. Robert L. Rogert:, are

Messrs.:

208

-JoURNAL OF THE SENATE.

The Representatives who voted for Mr. Robert L. Rogers are, Messrs. :

Jordan, Mason,

Pringle,

WrlghtofWashington.

Russell of Clarke,

The Senators who voted for Mr. Marshal J. Clarke are, Messrs.:

Baker, Fredtrick, George,
Gustin, Guyton, Hoyt,

Lamar, Livingston, Morgan, Oliver,
Park~,

Paull, Smith, Tatum,
Thomp~on,
Walker.

The Representatives who voted for Mr. Marshall J. Cla1ke are, Messrs. :

Brewer, Brewster,
Brown, Brooks,
Calvin, Carithers, Chancey, Crittenden, Crumbley, Davis, Daniel, Dews,
DeLacy, Drewry,
DePree, Everett, Fite, Foster,

Gary,

Geer,

Griffith,

Hawkes,

Head,

Hulsey,

Jacoway,

Johnson of Lee,

Julian,

Little,

Maddox,

McCurry,

McElvaney,

McGregor.

M<>ore of 'I'aJiaferro,

Park,



Peek,

Redding,

Rice, Rich of Wayne, Robbe, Shipp, Short, Sinquefield, Simmons, Stapleton, Sutton, Thompson,
Watt~,
Winningham, Wlison of Bulloch, Wilson of Mcintosh, Wisdom, Wolfe, Zachry.
MR. SPEAKER.

The Senators who voted for Mt. W m. R. Hammond are, Messrs. :

Beall, Bush, DDauvBi8i g1 n o n ,
Eakes, Foster, GrPer, Harris, Hughes,

Jones, Knight, Martin, McAfee, McDonald, Meldrim, Neal, Norman,

Parker, Peeples, Pike, Rouse, Tutt, Wilcox,
Yow,
MR. PRESIDENT.

TuEsDAY, NovEMBER 28, 1882.

209

The Representatives who voted for Mr. Wm. R. Ham-
mond, are .Messrs. :

Alexander,

Humber,

Atkinson,

Hudson of Jackson,

A vary,

Hudson of Webster,

Awbry,

Jenkins,

Barksdale ofLincoln, Johnston,

Barksdale of Wilkes, Johnson of Echols,

Bartlett,

Jones ofBartow,

Beauchamp,

Jones of DeKalh,

Beck,

Jones of Twiggs,

Bishop,

Key,

Bonner,

Kimsey,

Burch,

Lewil',

Bush,

Logue,

Carroll,

l..ott.

Carter,

McRae,

Crenshaw,

McKay,

Courson,

McCants,

Cox,

McKenney,

Dart,

McDonougi.J,

Dawson,

Mcintosh,

Deaton,

McWhorter,

Eason,

Middlebrooks,

Flynt,

Mitchell,

Foy,

Mobley,

Fuller,

Moore of Hancock,

Glisson,

Morrow,

Gordon,

Osborn,

Graham,

Patten,

Gray,

Paulk ofBerrien,

Griffin,

Paulk of Coffee,

Harris,

Payne,

Hoge,

Pendleton,

Howell,

Ray of Coweta, Ray of Crawford, Redwine, Reese, Rich of Paulding, Robins, Robertson, RountreE:', Rnssell of Decatur, Sillman, Short, Spenglo>r, Smith of Bryan, Smith of Wilkinson,
Stalling"'J Studdard, Sweat. of Clinch, Sweat of Pierce, Tate, Teasley, Tucker. Walth11ll, Watson, 'Wilder, Wimberly,
\Vilson of Sucter,
Withrow,
'Vitcher, Whatley, Wood, Wright of Floyd, Young.

On counting up the vote it appeared that Mr. Robert L. Rodgers had received 5 votes.
Mr. Marshall J. Clark had received 69 votes. Mr. Wm. R. Hammond had received 122 votes. Mr. Wm. R. Hammond, of the county of Fulton, having received a majorify of all the votes cast, a majority of the General Assembly voting, he was by the President declared duly elected Judge of the Atlanta J ndicial Circuit for the unexpired term camed by the resignation of the Hon. George Hillyer. The business for which the joint session was convened having been completed, the same was, on motion, dissolved.
14

210

JOURNAL OF THE SENATE.

The Senate returned to its chamber and was called to order hy the President.
The following communication was received from his Ex cel~ency the Governor, through Mr. Warren, his Secretary, to-wit:

Mr. President:
I am directed by his Excellency the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the con~ideration of your honorable body in executive session.

The Senate, on motion, went into executive session, and having spent some time therein, returned to open session.
Mr. Gustin, chairman of the Committee on Special J udiciary, submitted the following report:

.Mr. President:

The special Committee on Judiciary have had undercon-

sideration the following Honse bills which they recommend

do pa~, to-wit :

A bill to change the time of holding the Superior Court

of Twiggs county;

Also a bill to prohibit the sale of alcoholic, spirituoui! or

malt liquors, or intoxicating bitters, in the county of Monroe,

after submitting the same to the qualified voters of said

county to proviue a penalty, and for other purposes. Re

spectfully submitted,

G. W. GusTIN,

Chairman Special Committee on the Judiciary.

On motion of Mr. Gustin the rnlee were suspended and the following bills of the Honse were read the second time and passed to a third reading, to-wit:
A bill to change the time of holding the Superior Court Df Twiggs county;
Also, a bill to prohibit the sale of alcoholic, spirituous or

WEDNESDAY, NovEMBER 29, 1882.

211

malt liquors, or intoxicating bitters, in the county of Mon roe, after submitting the same to the qualified voters of said county; to provide a penalty, and for other purposes.
Leave of absence was granted Messrs. Norman, Walker and Smith, a sub-committee of the Committee on the Peni tentiary, to enable them to visit certain convict camps.
The Senate having disposed of all business upon the desk of the Secretary, adjourned, on motion, until 10 o'clock,
A.M.

SENATE CHAMBER, .ATLANTA, GEORGIA, } WEDNESDAY, November 29th, 1882, 10 o'clock, A.M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D, D., Chap lain of the Senate.
On the call of the roll the following Senators answerP.d to their names :

Baker,
Beall,
Bush, D<tvis, DuBignon,
Eakes,
Foster, Frederick, George,
Greer, Gustin,
Guyton,
Harris,
Hoyt,

Hughes,
Jon~>s,
Knight,
Lamar,
J,ivingston, l\Iandeville, l\Iartin,
1\IcAfee,
McDonald,
Meldrim,
1\Iorgan, Neal, Oliver, Parks,

Paull, Peeples,
Pike, Pol hill, Rouse, Smith, Tatum, Thompson, Tutt,
wilcox,
Yow,
l\IR. PRESIDEN'L

The Journal was read and approved.

Mr. Simpson, chairman of the Committee on Agriculture, made the following report:

.M1. President: The Committee on Agriculture have had under consid-
eration the following Senate bill which they recommend do pass, to-wit :

212

JouRNAL o~ THE SENATE.

A bill to establish one or more experimental farms in the State of Georgia; authorize the acceptance of bequests in the name of the State of Georgia.
Also the following House bill, which they recommend do pass, to-wit :
A bill to amend Section 874b, of the Code of 1882. Respectfully submitted.
L. F. LIVINGSTON, Chairman.

Mr. Meldrim, chairman pro tem. of the General Judiciary Committee, submitted the following report, to-wit:
Mr. President:
Thtl General Judiciary Committee have had under consideration the following bills, which they recommend do not pass:
A bill to be entitled an Act defining the duties of executors.
A bill to be entitled an Act to repeal an Act entitled an Act to exempt from process of garnishment the wages of journeyman mechanics and day laborers. Approved February 17th, 1876.
Also, a bill to be entitled an Act to give policemen, or persons delegated to perform police duty, authority to pre serve order and arrest in certain cases.
The committee have also had under com,ideration the foilowing House bills, which they recommend do pass:
A bill to be entitled an Act to repeal Section 1278 of the new Code of Georgia, which provides where electors may vote.
Also, a bill to be entitled an Act to allow the Judges of County Courts of this State to hold Court in other counties than their own in certain cases.
P. W. MELDRIM, Chairman,pro tem.
By resolution of Mr. Jones, properly approved, Hon

WEDNESDAY, NovEMBER 29, 1882.

213

W. H. Tibbs, of the county of Whitfield, was invited to a.
seat on the floor of the Senate during his stay in the city. By resolution of Mr. Lamar, approved by the appropri-
ate committee, the Hou. L. N. Whittle, ex-Representative of the Georgia Legislature, was invited to a seat in the Senate.
Mr. Guyton asked and obtained leave of absence for Mr. Parks on committee business.
Mr. Fredericks, under the suspension of the rules, offered the following resolution, which was read and agreed to, towit:

Resolved, That the Penitentiary Committee be requested to inquire into the circumstances of the killing of Mauro Frederick, a convict employed on the Marietta & North Georgia Railroad, on or about the 7th day of last June, ttnd that the committee be authorized to send for persons and papers.

Mr. Boynton, President, offered th~ following resolution which being properly approved, was agreed to, to-wit:

Resolved, That Hon. J. L. M. Curry, of Richmond, Va., an eminent statesman and educator, be invited to a seat on the floor of the Senate during his stay in this city.

By request of Mr. Hughes, he was permitted to withdraw the bill to regulate the sale of seed cotton in this State, and for other purposes.
'l'he bill of the Senate to repeal an Act entitled an Act to exempt from process of garnishment the wages of journeymen mechanics and day laborerE was taken up under the ad verse report of the Judiciary Committee, read the second time, and on motion of Mr. Baker, laid on the table for the present.
By recommendation of the Judiciary Committee the bill of the Senate, to amend Section 3033 of the Code, was read the second time and referred to the Committee on Railroads.

214

JOURNAL OF THE SENATE.

The following bills of the Senate were read the second time and passed to a third reading, to-wit:
A bill to establish one or more experimental farms in the State of Georgia; to authorize the acceptance of bequests in the name of the State, and for other purposes;
Also, a bill to amend Section 4709c of the Code of 1882. The following bills of thP. Senate were taken up under adverse reports of the Judiciary Committea, and lost by agreement with said reports, to-wit : A bill to give policemen, or persons delegated to perform police duties, authority to pre-erve order and make arrests in certain cases; and a bill defining the dnties of educators. The bill of the House to alter and amend Section 1456 of the Revised Code of this State, in relation to firing woods, lands and 111arshes, was taken up on its second reading, under adverse report of the Committee fill Agriculture, and lost by agreement with said report. The following bills of the House were read the second time and passed to the'third reading, to-wit: A bill to repeal Section 1278 of the new Code of Geor~ gia, which provides where electors may vote. A bill to prohibit the sale or disposal of alcoholic, spirituous or malt liquors, or intoxicating bitters, in the county of Decatur, and for other purposes. A bill to amend Section 874 b of the Code of 1882, in reference to the sale of wild lands ; A bill to allow the Judges of the County Courts of this State to hold Court in other Counties than their own in
certain cases. The following message was received from the House of
Representatives through Mr. Hardin, the Clerk thereof:

Mr. President :
The Honse has passed the following bills, to-wit: A bill to be entitled an Act to provide for a Solicitor for

WEDNESDAY, NoVEMBER 29, 1882.

215

the County Court of Oconee county, and to provide compensation for the same.
Also, a bill to authorize the Ordinary of Hancock county to submit to the qualified voters of said county the question of the issuance of county bonds to pay for the erection of a new court-house in said county, and to provide for the sale and redemption of said bonds, and for other purposes
The Honse has also concurred in the following resolution of the Senate by the requisite constitutional vote of yeas 127, nays 29.
A resolution, prolonging the session beyond forty days. for such time as may be required to transact the public business.

The Honoe has also passed, by the requisite constitutional vote of yeas 110 to nays 0, the following bill of the Senate, to-wit:
A bill to amend an Act entitled an Act to enable the purchaser" of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges, approved February 29th, 1876.
The following resolution came up for action in its regular order, and was taken up and read, to-wit:

Resolved by tlte Senate and House of Representatives, That on the 8th day of December, 1882, the General Assembly do take a recess until the 1st Wednesday in J nly next, to re-convene on that day at 10 o'clock, A. M., for the purpose of finishing the public business.

On the question of its adoption the ayes and nays were required to be recorded.
Those who voted in the affirmative are, Messrs.

Baker,
Bush, Davis,
Eakes, Frederick,

Knight, Lamar, Livingston, Martin, McAfee,

Parker, Paull, Pol hill,
R~use,
Smith,

216

JOURNAL OF THE SENATE.

Gustin, Guyton, Harris,
H"yt,

Meldrim, Morgan,
N~.al,
Oliver,

Thompson, Tutt,
Wilcox, Yow.

Those who voted in the negative are, Messrs.

Beall, DuBignon, George, Hughes,

Jones, Mandeville,
McDonald, Peeples,

Pike, Tatum.

There are ayes 27, there are nays 10. So the resolution was agreed to by a constitutional majority. By resolution of Mr. DuBignon, properly approved, Genl. Phil. Cook, of the county of Sumter, was invited to a eeat on the floor of the Senate during his stay in this city. The Senate took up the report of the Committee on the Judiciary on the hill of the House, "To prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters, in the county of Monroe, after submitting the same to the qualified voters of said county; to provide a penalty, and for other purposes." The same was amended on motion of Mr. Gustin, by striking out the "15th of December," and inserting the "21st of December." The report, as amended, was agreed to. Mr. Gustin presented to the Senate satisfactory proof of due legal notice of intention to introduce this bill. The bill was read the third time and passed, as amended, by constitutional majority, there being ayes 29, nays 0. The Senate took up the report of the Special Judiciary Committee on the bill of the House, "To change the time of holding the Superior Court of Twiggs county." The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority of ayes 28, nays 0. The Senate took up the report of the Committee on Agriculture on the bill of the Senate, "To repeal an Act to

WEDNESDAY, NovEMBER 29, 1882.

217

provide for the keeping of a record in each county of this State of the wild lands lying- and being therein ; and to regnla~e the manner of giving in wild lands for taxation in this State, approved September 28th, 1881.''
The committee reported in favor of its passage by substitute.
The substitute was adopted. The report was agreed to. The bill was read the third time and passed, as amended by substitute by constitutional majority, ayes 25, nays 5. The Senate took up the report of the Judiciary Committee on the bill of the Senate, "To amend an Act approved 15th of October, 1879, with regard to advertising fees of officers." The committee reported in favor o~ the passage of the bill by substitute. The substitute wa~ adopted. The report was agreed to. The bill was read the third time and passed, M amended by substitute, having received a constitutional majority, ayes 29, nays 0. The Senate took up the report of the Judiciary Committee on the bill of the Senate, "To prohibit the Railroad Commissioner:~, or their Clerk, from receiving fees in certain cases a.nd to provide a penalty therefor." The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority. Ayes 24:, nays 0. The following bills of the House were read the first time and referred to the Judiciary Committee, to-wit: A bill to authorize the Ordinary of Hancock county to submit to the qualified voters of said county the question of issuing county bonds to pay for a new court-house, and to authorize the Judge of the County Court and the County Treasurer to sign said bonds, etc.

218

JoURNAL OF THE SENATE.

A bill to change the time of holding the Superior Court of Crawford county, and for other purposes;
And a bill to provide for a Solicitor of the County Court of Oconee county, and to p1ovide compensation for the same.
The bill of the Honse to incorporate the Spring Creek Canal Company and Improvement Company, to grant certain privileges therein named, and for other purposes, was read the firat time and referred to the Committee on Corporations.
Under a suspension of the rules the following bills were introduced, read the first time, and referred to the Committee on the .Judiciary, to-wit:
By Mr. FosterA bill to repeal an Act entitled an Act to regulate the practice of. medicine in this State. By Mr. DavisA bill to provide compensation for taking testimony in certain cases. By Mr. GuytonA bill to transfer the county of Laurens from the Oconee to the Ocmulgee Judicial Circuit, and for other purposes. M1-. Jones offered the following bill, which was read the first time and referred to the Committee on Finance, to-wit : A bill to require corporations or persons owning mineral or timber interests in land in this State to return the same for taxes as other property is returned for tax. By resolution of Mr. Lamar, Mr. .A. H. Powell of lllinois, was invited to a seat in the Senate during his stay in this city. The resolution being properly approved. By resolution of Mr. Frederick, properly approved, Ron. John B. Felder was tendered a seat in the Senate. .Mr. Hoyt introduced the following resolution, which was read and agreed to, towit :

ReBolved, That when the Senate adjourn this day it do

WEDNESDAY, NovEIIIBER 29, 1882.

219

adjourn to meet again at 10 o'clock, A. M. Friday next, on account of Thanksgiving day.
On motion of Mr. Tutt, the foregoing resolution was unanimously reconsidered.
It was then so amended on his motion as to make it joint in its character, and agreed to as amended, and ordered to be immediately transmitted to the House of Representatives.
The Senate took a recess for fifteen minutes, at the expiration of which period it was called to order by the President, and, on motion of Mr. Meldrim, adjourned until 3 o'clock P. M.

The Senate met pursuant to adjournment, the President

in the chair.



:Yr. Pike, chairman of the Enrolling Committee, submit-

ted the following report :

Mr. President:
The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate the following Senate bill, to-wit:
A bill to amend an Act entitled an Act to enable purchasers of railroads to form corporations and to exercise corporate powers, and to define their rights, powers and privileges. Said Act approved February 29th, 1876.
Respectfully submitted, W. J. PIKE, Chairman.

The following message was received from the House through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has concurred in the following resolutions of the Senate, to-wit:
A resolution adjourning the General A8Sembly for the purpose of observing Thanksgiving day, the 30th instant;

220

JOURNAL OF THE SENATE.

Also a resolution providing for taking a recess by the General Assembly on the 8th day of December, 1882, until the first Wednesday in July, 1883, with an amendment in which they ask the concurrence of the Senate.
The resolution mentioned in the foregoing message of the House, as amended in the House of Representatives, was taken up, and on motion of Mr. DuBignon, laid on the table for the present.
The Senate, on motion, adjourned, and by virtue of the joint resolution of this day adjourned to meet on Friday, the first day of December, at 10 o'clock A.M.

SENATE CHAMBER, ATLANTA, GEORGIA, }
FRIDAY, December 1st, 1882, 10 o'clock, A. M.

The Senate met pursuant to adjournment, the Prt>sident in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :

Baker, Beall, Bush, Davis, DuBignon, Foster,
Frederick, George, Greer,
Gustin, Harris, Hoyt,
Hughes,

Jones, Knight, Lamar, Livingston, Mandeville, Martin,
McAfe~>,
McDonald, Meldrim,
Morgan, Norman, Oliver,
Parker,

Parks, Paull, Peeples, Pike, Polhill, Rouse,
Smith, Tatum, Thompson, Tutt, Walker. Wilcox,
MR. PRESIDII:NT.

The Journal was read and approved. Mr. Smith moved to reconsider so much of the Journal of Wednesday last as relates to the passage of the bill of the Senate to prohibit the Railroad Commissioners or their Clerk from taking fees in certain cases, etc.

FRIDAY, DEcEMBER 1, 1882.

221

On motion of Mr. Polhill, the motion to recomider was indefinitely postponed.
By resolutions, properly approved, the following gentlemen were invited to seats on the floor of the Senate, to-wit: The Hon. Wm. R. Mu&tin of the county of Morgan, by resolution of Mr. George; Judge Charles F. Lynch of the county of Terrell, by reeolution of Mr. Parks; Ron. John J. Jones of the county of Burke, by resolution of Mr. Greer.
Leave of absence was granted Mr. Eakes and Mr. Guyton for to-day and to-morrow; to Mr. Neal for to-day, and to Mr. Beall from to-morrow until Tuesday next.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk the~eof:

Mr. President :
The House of Representatives has passed the following bill, to-wit:
A bill to be entitled an Act, making appropriations for the executive, legislative and judicial expenses of the government, and for other purposes herein mentioned, per annum, for the fiscal years 1883 and 188-!.

On motion of Mr. Polhill, the bill making appropriations for the executive, legislative and judicial expenses of the government, and for other purposes herein mentioned, per annum, for the fiscal years 1883 and 1884, was taken up and read. The same was, on motion, referred to the Committee on Finance.
Mr. Meldrim, chairman of the Committee on Corporations, submitted the following report :

Mr. President :
The Committee on Corporations have bad under consideration the following HolBe bills, which they recommend do pass, to-wit :

222

JoURNAL OF THE SENATE.

A bill to alter and amend the several Acts incorporating the town of Hawkinsville;
Also, a bill to amend an 4ct incorporating the town of Canton;
Also, a bill to incorporate the Spring Creek Canal and Improvement Company; to grant certain privileges therein named, and for other purposes. Respectfully submitted,
P. W. J'rbwRIM, Chairman.

Mr. DuBignon, chairman of the Judiciary Committee, submitted the following report:

Mr. President:
The General Judiciary Committee have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to change the time of holding ':he Superior Courts of the counties of Banks and Franklin, in the Western J udicial Circuit, and for other purposes.
A bill to change the times of holding the Superior Courts of the Northeastern Circuit, and for other purposes.
Also, House billA bill to authorize the Ordinary of Hancock county to submit to the qualified voters of said county the question of the issuance of county bonds to pay for the erection of a new court-house in said county, and for other purposes. The committee have also had under consideration the following bills, which they recommend do not pass, to-wit : A bill to amend the garnishment laws of the State of Georgia as far as relates to the answer of garnishees and subsequent proceedings; Also, a bill to amend Section 250 of the Code of this State so that the same may apply in criminal cases, and for other purposes.
F. G. DuBIGNoN, Chairman.

FRIDAY, DECEMBER 1, 1882.

223

Mr. Park'3, chairman of the Committee on Education enbmitted the following report:

Mr. Pr88
The Educational Committee have had under consideration the following Senate bill which they recommend do pass, towit:
A bill declaring of full force and effect an Act of the General Assembly, assented to December 22d, 1857, entitled "An Act to encourage persons making a will to provide a permanent fund for the collegiate preparation and education of indigent boys or young men," and for other purposes therein named. Respectfully submitted,
J. G. PARKs, Chairman.

The following message was received from His Excellen-
cy the Governor, through Mr. Avery, his Secretary, to-
wit:

Hr. President:
I am directed by His Excellency the Governor, to deliver to the Senate a communication in writing with accompanying documents.

On motion of Mr. Jones, the rules were suspended, when the Senate took up the report of the Committee on Railroads on the bill to define the status and liability of all foreign railroad companies or corporations, firms or individuals, or aBsociations, doing business in or operating railroads in this State, by lease or by virtue of any law of this State, or otherwil'le, and to provide for the enforcement of such liability, and for other purposes relating thereto.
Mr. Greer moved to make this bill the special order for Wednesday next, immediately after the reading of the Journal. This motion was lost.
The report was agreed to, the same being favorable.

224

JoURNAL OF THE SENATE.

The bill was read the third time and on the question of its passage, the ayes and nays were required to be recorded.
Those who voted for the affirmative are Messrs.:

Baker, Beall, Bush,
Fo!!ter. Fredrick, Greer, Harris, Hoyt,

Jones,
Knight,
Livingston,
Mandeville, Martin, McAfee,
McDonald,

Morgan, Norman,
Parker, Paull,
Tatum, Thompson, Tutt Wilcox.

Those who voted in the negative are Messrs.:

Davis, DuBignon, George, Gu!ltin, Hughes,

Lamar, Meldrim, Oliver,
Parks, PeepLs,

Pike, Pol hill,
Rouse, Hmlth, Walker.

There are ayes 23 ; there are nays 15; so the bill was passed by a constitutional majority.
Mr. Tutt, chairman of the Committee on Railroads, sub mitted the following report :

Mr. Pre8ident:
The Committee on Railroads have had under consideration the following Senate bill No. 45, which they recom mend be withdrawn by request, to-wit:
A bill to empower the agents of railroads-in this State to correct over-charges in freight, and for other purpose$.
Respectfully submitted,
W. D. TuTI, Chairman.

Mr. DuBignon, chairman of the Committee on General Judiciary, submitted the following report:
Mr. PreBident :
The General Judiciary Committee have had under consideration the following House bill which they recommend do pass, to-wit:

FRIDAY, DECEMRER 1, 1882.

225

A bill to be entitled, an Act to provide for a Solicitor for the County Court of Oconee county, and to provide compensation for the same.
F. G. DuBIGNON, Chairman.
Leave was granted Mr. Lamar to withdraw the bill to empower the agents of railroads in this State to correct over-charges in freight, and for other purposes.
On motion of Mr. DuBignon, the rules were suspended when the bill of the House, to authorize the Ordiuary of Hancock county to issue bonds for the purpose of paying for a new court-house, etc., was taken up, read the second time and passed to a third reading.
On motion of Mr. Livingston, the rules were further suspended and the bill of the Honse to provide for a Solicitor for the County Court of Oconee county, and to provide compensation for the same, was read the second time and passed to a third reading.
On motion of Mr. Baker, the bill of the Senate to repeal an Act entitled an Act to exempt from process of garnishment the wages of journeymen mechanics and day laborers, was recommitteci to the Judiciary Committee.
The Senate took up on its second reading, under adverse report of the Judiciary Committee, the bill of the Senate to amend the garnishment laws of the State of Georgia as far as relates to the answer of garnishees, and subsequent proceedings.
Mr. Baker moved to disagree to the adverse report of the eommittee.
Pending discussion on the foregoing proposition the time of the Senate was extended for fifteen minutes.
On motion of Mr. Tntt, the pending bill was recommitted to the Committee on the Judiciary.
On motion of Mr. T,amar, the rules were suspended for the purpose of reading all bills the second time which are on the desk of the Secretary, when the following bills were read the second time and passed to a third reading, to-wit :
15

226

JOURNAL OF THE SENATE.

A bill of the House to alter and amend the several Acts incorporating the town of Hawkinsville, in the county of PulaE~ki, and to grant certain powers and privileges to said town, and for other purposes.
And a bill of the Senate to chan~e the time of holding the Superior Courts of the counties of Banks and Franklin in the Western Judicial Circuit, and br other purposes.
Mr. Parks offered the following resolution which was read and laid over under the rules:
Resolv{a, That the State Treasurer be, and he is hereby, authorized to advance to Flynn Hargett, Jr., the Senate gallery-keeper, the 10um of twenty-five dollarfl, the same to be charged on his account in final settlement.
The hour of adiournment having arrived, the President
declared the Senate adjourned until 10 o'clock, A. H., to-
morrow.

SENATE CHAMBER, A'ILANTA, GEORGIA, } SATURDAY, December 2d, 1882, 10 o'clock, A.M.

The Eenate met pursuant to adjournment, the President
in the chair. Prayer was offered by the Rev. John Jones, D. D., Chap-
lain of the Senate. On the call of the roll the following Senators answered
to their names :

Baker, Beall, Bush, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin,
Guvton,
Harri~,

Hoyt, Hughes, Jones, Knight, Lamar, Livingston, Mandeville, :Martin McAfee,
McDon~;ld,
Meldrim,
Morgan, Neal, Norman,

Oliver, Parker, Parks, Paull, l-'eeples, Pike, Polhill, Rouse, 8mitb, Tatum, Thompson, Tutt, Walker, Wilcox, Yow,
MR. PBEBIDlCNT.

SATURDAY, DECEMBER 2, 1882.

227

The Journal was read and approved.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has passed the following bills, to-wit : A bill to amend an Act to provide for the registration of voters to vote at municipal elections in the city of Savannah ; to fix, regulate and determine the time, place and manner in which such elections shall be held ; to prescribe the qualifications of voters at all such elections, and for other purposes, approved September 29th, 1881, by chang~ ing and adding to the qualifications of voters, etc. Als), a bill to appropriate certain sums of money for the purposes herein specified to supply a deficiency in the contingent and other funds, for the year 1882, and for other purposes.
Mr. Lamar offered the fo1lowing resolution, which being properly approved, was agreed to by the Senate, to-wit:
Resolved, That the Rev. M. B. Wharton, United States Consul to Sonneberg, Germany, be invited to a seat on the floor of the Senate during his stay in the city.
Mr. Oliver offered the following resolution, which was properly approved and agreed to by the Senate, to-wit :
Resolved, That the Hon. E. L. Brinson, of Burke county, be invited to a seat on the floor of the Senate during his stay in this city.
The bill of the House to appropriate certain sums of money for the purposes herein specified to supply a deficiency in the contingent funds for the year 1882, and for other purposes, was read the first time and referred to the Finance Committee.
Mr. Polhill, chairman of the Committee on Fimnce, submitted the following report :

228

JOURNAL OF THE SENATE.

.N.r. President :

The Financial Committee have had under consideration

the following Senate bill, which they recommend do not

pass, to-wit:

A bill providing for the pay of witnessP.s in criminal cases

in the Superior Court, and for other purposes. Respectfully

submitted,

I. H. PoLHILL, Chairman.

Mr. Polhill, chairman of the Finance Com mittee, reported back the general appropriation bill for the purpose of having the same read the second time. The said bill was read the second time, under a suspension of the rules, and on motion of Mr. Polhill, recommitted to the Committee on Finance.
On motion of Mr. Bush, the rules were suspended, when the bill of the House to incorporate the Spring Creek Canal and Improvement Company, to grant certain privileges therein named, and for other purposes, was read the second time and passed to a t.hird reading.
Mr. DuBignon, chairman of the Judiciary Committee, submits the following report, to-wit:

ltlr. President :
The General J udieiary Committee have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to transfer the county of Laurens from the Oconee Circuit to the Oemulgee Judicial Circuit, and for other purposes.
Also, the following House bills: A bill to change the time of holding the Superior Court of the county of Crawford. Also, the following bills, which they recommend do pass by substitute, to-wit : A bill to prescribe the fees of county judges and bailiffs in certain cases, and for other purposes. The committee have also had under consideration the following bill, which they recommend do not pass:

SATURDAY, DECEMBER 2, 1882.

229

A bill to amend the garnishment lawa of the State of Georgia as far as relates to tho answer of garnishees and subsequent proceedings.
F. G. DuBIGNoN, Chairman.

Mr. Bush, chairman of Senate Committee on Deaf and Dumb Institute, begs leave to snbmit the following report:

Mr. President:
The short time allotted the committee to examine the management and finances, etc., of the Institute for the Deaf and Dumb rendered such examination formal and superficial. We would, therefore, recommend the appointment of a special committee of three-two from the House and one from the Senate-to thoroughly investigate the different departments, the books, and the financial management of the institution, and make a report of the same to the adjourned session in July next.
So far as our examination extended, we can speak favorably and commendatory of the school discipline and the efficiency of the officers. We find the sleeping rooms very much crowded for want of space in the building, and we recommend that improvements be made so as not to have so many occupants in a room. The shoe-shop building needs some repairs, and we recommend that it be done, and that the upper story be remodeled so as to be converted into sleeping apartments for the male pupils if necessary. The water-wheel and dam need immediate overhauling and repairs, wire fencing has been purchased to fence the property, and we advise that stone or light iron posts be used instead of wood.
In the purchase of provisions and necessary eupp1ie1:1, we recommend that the present law be so amended as to require the Board of Trustees to advertise for proposals to supply the same, at least four times a year, said advertisement to be inserted in the Rome, Atlanta and Chattanooga papers having the largest circulation. The lowest responsible bid

230

JouRNAL OF ruE SENATE.

to be accepted. We further recommend an itemized ac-

count of all expenditures and receipts be published in the

future reports of said institution to the Governor.

We find that while the shoe-shop is not self-sustaining,

we recommend its continuance as it is invaluable as a school

of industry to the male pupils.

The building for the instruction of the colored mutes is

in good condition, and ample for the purpose. We recom-

mend that hereafter no pupil be admitted in said institution

who cannot furnish satisfactory evidence of having been a

resident of this State for at least two years prior to his or

her application.

We recommend the following appropriations, or so much

thereof as may be necessary for the n~xt two years : The

appropriation of $3,000, three thousand dollars, in addition

to the appropriation of the last Legislature of five thousand

dollars, to be used in putting another story on the present

building, should the trustees so decide ; and, in the event

they decide not to so build, then so much thereof shall be

drawn as is necessary to repair the roof, etc., of the present

building

$3,000 00

For repair fund for workshop and

fencing

60(1 00

For repair fund for water-wheel and

dam

250 00- 3,850 00

Two year's support fund for the insti-

tution, $16,000 per annum,

32,000 00

Total amount of appropriations

$35,850 00

All of which is rtspectfully submitted,

E. B. BusH, Clwirman,

T. H. BAKER,

GEORGE J. MARTIN,

L. P. MANDEVILLE,

T. D. WILCox,

W. H. McAFEE.

Committee on pmt of the Senate.

SATURDAY, DECEMBER 2, 1882.

231

Mr. Hoyt, chairman of the Committee on Public Prop-erty, to whom was referred the bill to authorize and empower the Trustees of the University of Georgia to lease certain lands and to make improvemente thereon, reported a recommendation that ~aid bill be referred to the Committee on the Judiciary to pass upon its constitutionality.
The following message was taken up iu its proper order .and read:

ExECUTIVE DEPARTMENT, STATE OF GEORGIA, } ATLANTA, GEORGIA, November 30th, 18S2.
To the Senate :
In response to the resolution of your body passed November 23d, 18S2, requesting the Governor and the Attorney-General to furnish the Senate sue~ information as they may have in reference to a snit by James L. Mitchell,
Emma Blodgett, and othera, versu!l J. M. N ace, tenant in
possession, ejectment, lately pending in Fulton Superior -Court, and what disposition, if any, has beeu made, and by whose authority,''
I have the honor to transmit herewith a correspondence which explains itself, and gives to your honorable body all the information I have been able to obtain on the subject.
In the continued absence of the Attorney-Genenl I have had no opportunity to confer with him on the matter.
ALEXANDER H. STEPHENS.

STATE OE GEORGIA, ExEOUTIVE DEPARTMENT, } ATLANTA, GEORGIA, November 29th, 1882.
Honorable .Alfred H. Oolquttt, Atlanta, Georgia:
DEAR SIR: During your recent absence from this city, -on a visit to Milledgeville, I received a resolution from the Senate, passed on the 23d inst., in these words :
".ftesolved by the Senate, That the Governor and Attorney-General be requested to furnish this Senate with such

232

JOURNAL OF THE SENATE.

information as they may have in reference to a suit by James L. Mitchell, Emma Blodgett, and others, ?Mr8U8 J~ M. Nace, tenant in possession, ejectment, lately pending in Fulton Superior Court, and what disposition, if any, has been made, and by whose authority."
As this enquiry is about matters that occurred in this of- fice during your administration, I will be obliged to you, if you will, at your earliest convenience, give me such in-. formation as you may have in your power, in reply to the enquiry of the Senate.
Yours truly, ALEXANDER H. STEPHENS.

ATLANTA, GEORGIA, November 30th, 1882.
To Hisl!.xcellency Governor Alexander H. Stephens:
DEAR SrR: I have your letter of the 29th of the month before me in which you ask that I would give you such information as I have in my power, in reply to a resolution of the Senate making enquiry of a suit by James L. Mitchell, Emma Blodgett, and others, versus J. M. N ace
tenant in possession, ejectment, lately pending in Fulton Su-'
perior Court, and etc. On the 30th of October last I directed that the following
order ~;hould be entered on the minutes of the Executive Department, which I here reproduce as a part of my official action in the premises ;

John Doe on the demise of Elias Carr') Ejectment in Fulton Su-

and' Emma Blodgett,

I perior Court, for house

vs.

( and lot on Walton street

Richard Roe, casual ejector Z. A. Rice, I now occupied by said

tenant in possession.

) Rice.

John Doe, on the demise of James L. I Ejectment in Fulton Supe-

Mitchell et al. and Emma Blodgett, I rior Court, for lot No. 11

Richard

Roe

vs. casual ejector

and

Wm. Ir

in the sub-division in the Old Park property con-

I-farris tenant in possession.

j1 taining2,soosqr.ft.fronting 25 ft. on Decatur

street.

SATURDAY, DECEMBER 2, 1882.

233

John Doe, on the demise of James L.l Ejectment in Fulton Supe-

Mitchell and Emma Blodgett, 1 rior Court for lot No. IO

vs.

( in sub-division of Old Park

Richard

Roe, casual ejector and M. Nace, tenant in

John

I
j

property, containing 2,250 sqr. ft. and fronting 25 ft.

possession.

on Decatur street.

Settling the litigation involved in the above stated cases, the result

being doubtful and involving serious issues of fact on the main points

of difference, and in consideration that the Plaintiffs will allow the

Defendant to take verdicts against the Plaintiffs in the two first cases,

being for the Walton street property and lot No. I I on Decatur street

and pay toN. ]:Hammond Attorney for the State 500 dollars as coun-

sel fees, the State )Viii permit the Plaintiffs to take a verdict in their

favor for the lot, number IO on Decatur street, and the Attorney for

the State will represent the State in the taking of said verdict.

(Signed)

ALFRED H. COLQUITT, Governor.

By the Governor,
I. W. AVERY, Sect. E. IJ.

This order was issued after the fullest consideration I was able to give to the various questions properly arising in its discussion, and the settlement was made in terms of the order.
The first and most material question which I had to consider, was the question of title to the property involved.
After my examination of this branch of the subject, I became convinced that the legal title to this property was in Mril. Emma Blodgett. The facts of the case going to show that she was ever dispossessed of title, legal or equitable, were by no means conclusive to my mind, and in the exercise of such a reasonable discretion as rested with me as the Executive of the State, and as I felt it was my duty to exercise, I could not feel safe in trusting the State's case on these.
I did not believe that Mrs. Blodgett's title could be dispossessed for any such purpose as was set up by the securities of Blodgett, even where the question of fraud was not raised, Hut that question was raised and with such force as made great impression on my mind.

234

JOURNAL OF THE SENATE.

Here we had, in the first place, a trust which was established for Mrs. Blodgett's use. Next we see an utter diversion -of the trust property to uses foreign to all the intents of the original settlement, and even in effecting that end the methods appear to have been most questionable,and certainly deceived Mrs. Blodgett. She, herself, testifies to this fact and does so, we may suppose, in the face of death, as she was in the last stage of consumption.
I did not feel bound, while acting under my peculiar rei!ponsibilities, to deal with this matter as if I were present in some petty Court, and not acting as the official representative of a great State.
If then Mrs. Blodgett's oath was entitled to credit, I felt satisfied that the Sta~e could not maintain its side of the ease, and the probabilities were very strong that the Plaintiffs would recover of the State, and the sum of five thousand dollars already realized by the sale of the Walton street property we would be compelled to refund.
Since the settlement of this case, as I directed by the or-der already recited, I have been more and more satisfied with the policy and the propriety of the arrangement.
We secured more than two-thirds of the property involved, with the addition of five hundred dollars paid towards counsel fees, when, as far as I eould anticipate results, the chances seemed very doubtful as to the State's ultimate success in this litigation.
The evidence of Mrs. Blodgett, given under such solemn and impressive circumstances, shows that she was possessed of a large property in her own right before this particular ~state was deeded to her. To this property, now in discussion, she had paper titles-by deed. If then her testimony, tendered as it was under such impressive circumstances, would have been accepted, it was to my minll a most probable result to see a jury of the country attach the fullest weight to it and render a verdict against the State.
While my duty and place was that of one representing

SATURDAY, DECEMBER 2, 1882.

235

the interests of the State, I was not permitted to disregard the rights of one of her citizens, and so impressed I firmly believed I subserved the interests of the one and the rights of the other.
Herewith I transmit the statement of the plaintiffs' attorneys, which may throw additional light on the facts pertinent to this inquiry.
I have the honor to be Your ob't servant, ALFRED H. CoLQUITT.
ATLANTA, GA., October 28th, 1882.
To His .&cellenm; Alfred 11. Colquitt, Governor of the
State of Georgia:
The undersigned attorneys beg leave to call your attention respectfully to three cases brought to Fulton Superior Court in the year 1~77, and still undisposed of, in each of which Emma Blodgett, now deceased, was plaintiff, Z. A. Rice, John Nace and William Harris, were respectively defendants, all being actions of ejectment, to recover real estate in the city of Atlanta. The case against Rice is to recover a house and lot on Walton street, now occupied by said Riee, who claims title to the same from the State of Georgia, the State having sold the same at public outcry, as its property, to said Rice for aboat five thousand dollars. The other two cases against N ace and Harris are to recover two vacant lots on Decatur street, being part of the Old Park property, claimed by the State and rented by said Nace and Harris. To all of this property Mrs. Blodgett had paper titles, by deeds, made to a trustee for her sole benefit and behoof. Her husband, Foster Blodgett, now deceased, was under arrest for crime in this county, and being unable to give bond for his appearance, Mrs. Blodgett authorized her husband, who was her trustee, to deed all this property, without one dollar of consideration, to Wallace Rhodes and Ephraim Tweedy, to enable them to go on

236

JOURNAL OF THE SENATE.

lwr hmband's bond, which they did, the bond being for $20,000, and with these securities alone Blodgett was admitted to b~til. This bond Blodgett forfeited and judgment was obtained against him and his sureties, Rhodes and Tweedy, and all of the property referred to now in litigation was sold by the Sheriff to satit<fy the judgment, and the State of Georgia became the purchaser, paying no money but crediting the account o{ the purchase money on said judgment. Afterwardi! the State sold at public outcry the property to Rice, now in his possession, for $5,000, which co:>t Mrs. Blodgett $ll,OOO, the small price being, as we are informed, on account of the cloud upon the title. The other property was offered for sale at the same time and for the same reason, so little was offered for it that the State took it off the market.
Thus matters stood in the fall of 1877, when suit was commenced. Our theory of Mrs. Blodgett's right to recover was based upon section 1783 of the Code, whi(\h reads as follows: "The wife can not bind her separate estate by any contract of suretyship, nor by any assumption of the debts of her husband, and any sale of her separate estate made to a creditor of her husband, in extinguishment of his debts, shall be absolutely void.''
Now here was the wife's property appropriated solely for the purpose of obtaining security for her husband, contrary to the statute cited, and the opinion of our Supreme Court, as held in cases too numerous to mention. Yon ask, then, if we have so clear a case, why do we desire a settlement 1 We answer, there are many important questions of law and facts which are intricate and well balanced, for instance, whether Rice is an innocent purchaser without notice, will be an important question in the case against him, and will probably settle the case against him one way or the other. This question will not arise in the other two cases, but another important question will, to-wit: When this property was levied on for sale, Mrs. Blodgett filed a claim and stopped the sale, and when the claim came on to

SATURDAY, DECE?tiBER 2, 1882.

237

be tried, Ron. Richard H. Clarke showed a letter, addres~<ed to him, authorizing him to confess a judgment to the State, which he did. Now we have Mrs. Blodgett's interrogatories, taken a short time before her death, swearing that the letter to Judge Clarke she did not write or reaa, and that she signed the same at the request of her husband and Tweedy, they stating that it would not affect her rights in the least. Now, if this be true, it waR a legal fraud upon her, and no ju1y would permit it to stand, and the State of Georgia, we believe, would gladly give up property obtained by such practices. Mrs. Blodgett was dying with consumption at the time her testimony was taken, aud died a few weeks after her interrogatories were executed, and we will go before a jury presenting her testimony as the dying declarations of a woman who had been wronged, asking the great State of Georgia to do justice to her three little children, whom she leaves to the cold charities of the world without a dollar. Col. N. J. Hammond, who is of counsel for the State, will tell you, as he has us, that if :Mrs. Blodgett's testimony is believed by the jury, we will recover the Park property ; as to the Walton street property he thinks differently, for the reason indicated above.
If we succeed in all of these cases the State will not only lose the Park property, but in good faith to one of its citizens would certainly refund Mr. Rice the purchaEe money paid by him. Now, in view of the many nice, intricate questions of law and fact involved in these cases, as well as the interminable delay caused greatly by Col. Hammond's absence in Congress, the Attorney-General never being willing to try the cases without his assistance, we respectfully aek that you designate a time at which we can confer with you in order that we may fully present this matter, together with our testimony and papers, for your consideration, with a view of a speedy and final settlement of the same by compromise if practicable.
Very respectfully, D. R. HILL,
w. A. HAWKINB.

238

JoURNAL OF THE SENATE.

The foregoing message and accompanying documents wt:re, on motion of Mr. Livingston, referred to the Committee on the Judiciary.

The following meesage was received from His Excellency the Governor, through Mr. Avery, his Secretary, to-wit:
Mr. President: I au: directed by His Excellency the Governor to deliver
to the Senate a communication in writing with accompanying documents.
The foregoing message and accompanying documents were read and referred to the Judiciary Committee :

ExECUTIVE DEPARTMENT, STATE OF GEORGIA, } ATLANTA, December 2d, 1882.

To the General Assembly :

I herewith transmit to you a copy of a letter just re-

ceived from the Bon. Timothy 0. Howe, Postmaster-Gen-

eral of the United States, to which I invite your attention,

and bespeak for the subject that consideration on your part

which its importance deserves.



The existing conflict between the State and Federal laws,

in the matter referred to, it seems might be readily removed

without any detriment to the public interest, and in this

way perfect harmony be preserved between the State and

Federal authorities.

I suggest that the State law be so changed as that when

interrogatories or depoditions are sent by mail, as our law

now preecribes, that the postmaster who receives the pack-

age shall be authorized immediately to deliver it to the Clerk

of the Superior Court, where the case is pending, whether

during term time or not, under the same restrictions as are

now prescribed for him on the delivery in open Court.

ALEXANDER H. STEPHENS.

SATURDAY, DECEMBER 2, 1882.

23~

(Copy)
PosT-OFFICE DEPARTMENT, } WASHINGTON, D. C., November 27th, 1882.
His Excellency Hon. Alexander B. Stephens, Governor of Georgia:
Sm-I have the honor to call your attention to a statement received from the postmaster at Vienna, Ga., advising this office that the Clerk of the Superior Court refuses totake from that office a sealed communication addressed to him as "Clerk," containing interrogatories under seal of commissioners appointed by a State Court, which, in this instance, is five months distant, when he will be required to carry this communication in person into Court, must testify under oath as to its arrival in due course of mail ; and that it has been in his possession, and in the possession of no one else, since its arrival at the post-office.
I am not advised what process, or what methods are employed to enforce this duty upon postmasters; but I beg, re. spectfully, to observe that postmasters are now required at certain periods to return to the Dead Letter office, all letters refused or unclaimed. I have, however, directed the postmaster at Vienna to retain in his custody the lett,Jr to which he referl'l, until he can deliver it in compliance with your statute. Yet, I think you wm readily admit that the law referred to imposes upon postmasters a responsibility from which they ought to be relieved.
The testimony to be returned seems to be a proper part of the records of the Court, and I would be glad if your laws would permit the officers of the Court to have custody of it.
If you concur with me in the propriety of such an amendment of your laws, I hope you will invite the attention of the Legielature to the subject.
Very respec tfully
T. 0. HowF, Postmaster- General.

240

JOURNAL OF THE SENATE.

On motion of Mr. DuBignon, the bill of the Senate to authorize and empower the Trustees of the UniverP.ity of Georgia. to lease certain lands, and to make improvements thereon, was referred to the Committee on the Judiciary.
The following bills of the Honse were read the second time and passed to a third reading, to-wit:
A bill to amend the several Acts incorporating the town of Canton, in the county of Cherokee ; to provide for a Mayor and Council, and to prescribe their power and duties, and for other purposefl; and, a bill to change the time of holding the Superior Court of Crawford county, and for other purposes.
The following Senate bills were read the second time and passed to a third re1.ding, to-wit :
A bill to transfer the county of Laurens from the Oconee to the Ocmulgee Judicial Circuit, and for other purposes.
A bill to change the time of holding th~ Superior Courts of the Northeastern Circuit, and for other purposes.
A bill to declare of full force and effect an Act to encourage persons making a will to provide a permanent fund for the collegiate preparation and education of indigent boys or young men ; and, also, an Act amendatory thereof, assented to December 17th, 1859, and to provide the manner iu which said Act and amendment shall be carried into effect; and a bill to prescribe the fees of judges and bailiffs of the County Courts in certain cases, and to provide for the payment thereof.
A bill of the Senate to amend the garnishment laws of the State of Georgia so far as relates to the answer of gar-nishees and subsequent proceedings, came up in its order under adverse report of the Judiciary Committee.
Mr. Baker moved to make this bill the special order for Monday next, after the disposal of matter relating to the appropriation bills, etc.
This motion was lost. Mr. Baker then moved to disagree with the adverse report of the Judiciary Committee.

SATURDAY, DECEMBER 2, 1882.

241

After debate, Mr. Davis called for the previous question, which was sustained, and the main question being submitted to-wit, the question of disagreeing to the report of the committee, the same was agreed to and the bill was lost.
The bill of the Senate to provide for the pay of witnesses in criminal cases in the Superior Court, and for other purposes, was taken up on its second reading under adverse report of the Finance Committee and lost by agreement with said report.
The bill of the Senate to amend Section 250 of the Code so that the same may apply to criminal cases, was withdrawn by the mover with the consent of the Senate.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has agreed to the following resolutions in which they ask the concurrence of the Senate, to-wit:
A resolution in favor of national aid to education in the States ; also, a resolution instructing our Senators and requesting our Representatives in Congress to use their efforts to secure the repeal of the 10 per cent. tax on State banks, now levied under an Act of Congress, approved March 3d, 1865 ; also, a resolution requec.ting our Senators and Representative~; in Congress, to use their efforts to secure the repeal or modification of the present revenue laws, etc.
Also a resolution requesting our Senators and Representatives in Congress to procure the passage of an Act allowing claims for cotton signed during the war to be filed notwithstanding the lapse of time.
Also a resolution to appoint a joint committee to attend the celebration of the landing of Gen. Oglethorpe at Savannah, February 12th, 1733.

Mr. Tutt, chairman of the Committee on Railroads, submitted the following report:
16

242

JOURNAL OF THE SENATE.

Mr. President:
The Railroad Committee have had under consideration the following Senate bill which they recommend do passby substitute, to-wit:
A bill requiring the several railroad companies within the State of Georgia to furnish agents and warehouses at all the full stations on their lines of railroad, and for other purposes. Respctfully submitted.
W. D. TuTr, Chairman.

Mr. Walker introduced the following resolution, which was read: agreed to and ol'dered to be transmitted to the, House without delay, to-wit:

Resolved by the &nate, the House of Representative~r concurring tlterein, That the joint committee on the Penitentiary be authorized and directed to investiga';e whether the several companies, having in charge the convicts of this State as lessees, have violated, either directly or indirectly, by contract or otherwise, Section six (6) of the General Lease Act, approved February 25, 1876, by subletting, hiring or leasing said convicts or any portion of them to other parties, and after a thorough investigation that said committee report to the General Assembly, as early as practicable, the result of said investigation with such recommendation as the facts may justify, and whether any additional legislation is necessary to carry into effect the purposes of said .A ct.
Resolved further, That for the purposes of this investigation, said committee be authorized to send for persons and papers to enable them to fully investigate eaid matters."

The following resolutions from the House of Representatives, under a suspension of the rules, were taken up and concurred in, to-wit :
A resolution "To appoint a joint committee to attend

SATURDAY, DECEMBER 2, 1882.

243

the celebration of the landing of General Oglethorpe at Savannah."
A resolntion "Instructing our Senators and Representatives in Congress to use their efforts to secure the repeal of the 10 per cent. tax on State banks, now levied under an Act of Congress approved March 3d, 1865."
And a resolution "Requesting our Senators and Representatives in Congress to us~ their efforts to secure a repeal or modification of the present internal revenue laws."
The resolutjon of the Senate "To furnish the Marietta and North Georgia Railroad Company two hundred and fifty ablA bodied convicts," was read and referred to the Committee on the Penitentiary.
The resolution of the Senate "To provide for a joint committee to visit and examine the Academy for the Deaf and Dumb," was read and agreed to.
The Senate resolution "To appoint a joint committee to investigate and report upon the road laws of this State,'' was read and referred to the Committee on Internal Improvements.
The resolution of the Senate authorizing the State Treas nrer to advance $25.00 to Flynn Hargett, Jr., was read the second time and passed to a third reading.
On motion uf Mr. Pike the rules were suspended for the purpose of reading bills the third time :
The Senate took up t.he report of the Judiciary Committee on the bill of the Senate "To preecribe the salaries of the Judges of the Supreme and Superior Courts."
The committee reported in favor of its passage with amendments.
The amendments were agreed to. The report was agreed to. After discussion Mr. Tatum called for the previous question, which prevailed, and the main question was pot, towit : Shall the bill as amended pass 1

244

JOURNAL OF THE SENATE.

The ayes and nays were required by the Constitution to

be recorded and were ordered by the President.

Pending the call of the ayes and nays Mr. Tutt moved

to lay the bill on the table.

Mr. Baker submitted the point of order that the motion

eould not be entertained during the progre~s of the vote.

The President decided that the point of order was well

taken.



At the close of the call and before the result was an-

nounced, Mr. Tutt renewed the motion to lay the bill on

the table.

The motion was submitted to the Senate and prevailed,

-so the bill was laid on the table.

The Senate took up the report of the Judiciary Com-

mittee on the bill of the Senate "To change the time of

holding the Superior Courts of the counties of Banks and

Franklin in the Western Judicial Circuit, and for other

:purposes."

The report was agreed to.

The bill was read the third time and passed by a consti-

tutional majority, there being ayes 32, nays 0.

On motion of Mr. Greer, the bill of the House "To pro-

vide for a Solicitor for the County Court of Oconee county,

-and to provide compensation for the same," was taken up

for its third reading, under favorable report of the Judi-

eiary Committee.

Owing to the absence of the required prcof of notice

()f intention to introduce this bill, it was, on motion, laid

()n the table.

Mr. Greer having subaequently presented to the Senate

the required evidence, the bill was taken from the table.

The report was agreed to.

The bill was read the third time and passed by a consti_

tutional majority, there being ayes 33, nays 0.

The Senate took up the report o the Judiciary CoM-

mittee on the bill of the Senate "To amend Section 4709

{c) of the Code of 1882."

SATURDAY, NovEMBER 2, 1882.

245

The committee reported in favor of its passage by sub-
stitute. The substitute was adopted. The report was agreed to. The bill was read the third time and passed, as amended
by substitute., by a constitutional majority, there being ayes 31 nays 0.
The bill "To establish one ot more experimental farms," etc., was taken up for a third reading and, on motion, laid on the table for the present.
On motion of ~r. Harris the Senate bill "To require the several railroad companies within the State of Georgiay to furnish agents and warehouses at all full stations on their roads," was taken up under a suspension of the rules, read the second time and passed to a third reading.
Under a suspension of the rules the following bill of the House was read the first time and referred to the Committee on Corporations, to-wit :
A bill "To amend an Act entitled an Act to provide for the registration of voters to vote at municipal elections in the city of Savannah; to fix, regulate and determine the tirue, place and manner in which such elections shall be held; to prescribe the qualifications of voters at all such elections, and to provide suitable penalties for all violations thereof," approved September 29th, 1881, by changing and adding to the qualifications of voters as prescribed in Section ona (1) of said Act, by altering and amending the method, manner and time of selecting the members of the board of registration and election managers in said city,. as preecribed in said Act, by the addition of city provision& concerning the custody and keeping of the books of registration, as therein provided for and for other purposes.
1'he Honse resolution in relation to national aid to. Education in the States, was read and referred to the Committee on Education.
The resolution of the House requesting our Senators

JOURNAL OF THE SENATE.
:and Representatives in CongreBB to secure the passage of nn Act allowing claims for cotton seized during the war, etc., was read and referred to the Special Judiciary Committee.
Under the suspension of the rules, Mr. Gustin offered the following bills which were read the first time and referred as respectively indicated, to-wit:
A bill to amend 1936th Section of the Code of 1882,as to the privileges and liabilities of special partners in limited partnerships. Referred to the Committee on the J udici.uy.
A bill to prescribe the manner of regulating and applying the Railroad CommiBBioners schedule of just and reasonable rates to railroads under the control by lease or ownership, or otherwise, of other roads, and for other purposes. Referred to Committee on Railroads.
The Senate having disposed of all business on the desk of the Secretary, adjourned until Monday, 10 o'clock, A.M.

SENATE CHAMBER, ATLANTA, GEORGIA, } MoNDAY, December 4th, 1882, 10 o'clock, A. M.

The Senate met persuant to the adjournment, the Presi-

dent in the chair.

Prayer was offered by the Rev. John Jones, D. D., Chap-

lain of the Senate.

On the call of the roll the following Senators answered

to their names :

Bush, Davis, DeWolf DuBignon,
Eakef', Foster, Frederick,
Georgt>1 Greer,
Gustin, Guyton, HarriP, Hoyt,
HugbeP,

JonPs, Lamar, Livingston,
Mandevillt>, Martin,
:McAfeE', McDonald, Meldrim,
Morgan,
Neal, Norman, Olivtr, Park!',
Paull,

Pet>ples, PikE', Pol hill, RousE', Smith, Tatum, Thompson, Tutt, Walker, Wilcox, Yow,
MR. PRESIDENT.

MONDAY, DECEMBER 4, 1882.

247

The Journal was read and approved. The following message was received from the House of .Representatives, through Mr. Hardin, the Clerk thereof:

1J1'. P1'eaident:
The House of Representatives has passed the following bills, to.wit :
A bill to be entitled an Act to levy and collect a tax for the support of the State Government and the public institutions, to pay the interest and maturing principal of the public debt, and for educational and other purposes herein mentioned, for each of the fiscal years eighteen hundred aod eighty-three and eighteen hundred and eighty-four.
Also, the following bill, to-wit : A bill to be entitled an Act to extend the time for returning wild lands for taxation in this State and for the paymtlnt of taxes thereon for the year eighteen hundred and eighty-two, and for other purposes.
The House has concurred in the Senate amendment to an Act to prohibit the sale of alcoholic, spirituous or malt liquors or intoxicating bitters in the county of Monroe, after submitting the same to the qualified voters of said county ; to provide a penalty, and for other purposes.
By resolution of Mr. Foster, properly approved, and agreed to by the Senate, the Honorable W. W. Cannon and J. W. Green of the county of Rabun, were invited to seats on the floor of the Senate during their stay in this city.
Mr. DuBignon offered a resolution authorizing the Committee on Rediotricting the State to sit during the recess, which was read.
Under a suspension of the rules, Mr. Parks introduced a resolution requesting our Senators and Representatives in Congress to lay a memorial before Congress asking an appropriation to secure public building~ at BI'Unswick,

248

JOURNAL OF THE SENATE.

Georgia, adequate to the business of that port. This reso-
lution was agreed to and, on motion of Mr. Park, ordered
to be tnmmitted to the Honse without delay. On motion of Mr. McDonald, leave of absence was granted
Mr. Knight for this week on account of sickness. On the call of the roll for the introduction of new mat-
ter, the following bill~:~ were introduced, read the first timeand referred to the Committee on the Judiciary, to-wit :
By Mr. SmithA bill to amend an Act entitled an Act to regulate thepractice of medicine in this State, approved September 28th, 1881. Also, by Mr. SmithA bill to exempt practitioners of medicine from the payment of a professional tax, and for other purposes. And by Mr. PolhillA bill to fix and prescribe the salary of the Secretary of the Railroad Commission. On motion of Mr. Harris, the rules were suspended, when the Senate took up the report of the Comn1ittee on Railroads, on the bill of the Senate to require the sevetal railroad companies within the State of Georgia, to furnish agents and warehouses at all the full stations un their lines of railroad, etc. The committee recommended the passage of the bill by substitute. Mr. Polhill called for the previous question, which prevailed, and the main question was put, to-wit: 1. The adoption of the substitute, which question was submitted and prevailed. 2. The question of agreeing to the report, which also prevailed. 3. The pasFage of the bill as amended by substitute. The bill was read the third time and passed by r.ubstitnte,. having received a constitutional majority-ayes, 30; nays, 0~

MoNDAY, DECEMBER 4, 1882.

249'

On motion of Mr. DuBignon, the rules were suspended, when the Senate took up the report of the Judiciary Committee on the bill of the House to authorize the Ordinary of Hancock county, to submit to the qualified voters of said
county, the question o: the issuance of county bonds to pay
for the erection of a new court-house, etc. Mr. DuBignon presented due evidence of the publication of intention te> apply for the passage of this bill.
The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority, there being ayes, 36 ; nays, 0. On motion of Mr. DuBignon, the foregoing bill :was ordered to be transmitted to the House of Representatives at once. Under a general suspension of the rules for the reading of bills the third time, the Senate took up the report of theCommittee on Corpor<~.tions, on the bill of the House to incorporate the Spring Creek Canal and Improvement Company, to grant certain privileges therein named, and for other purposes. Mr. Bush presented satisfactory evidence of due legal notice of intention to apply for the passage of this bill. The report, which was favorable, was agreed to. The bill was read the third time, and passed by constitutional majority, there being ayes, 29; nays, 0. The Senate took up the report of the Judiciary Committee on the bill of the Senate to change the times of holding the Superior Courts of the Northeastern Circuit, and forother purposes. The report thereon was favorable to the passage of thebill. On motion of Mr. Pike, the report was amended by striking from the 8th line of the first section, the figure "4' and letters "th," and inserting in lien thereof the figure "3" and the letters "rd." The report, as amended, was agreed to.

250

JOURNAL OF THE SENATE.

The bill was read the third time and pa~sed, as amended,

by constitutional majority, there being ayes, 28 ; noes, 0.

The same was, on motion of Mr. Pike, ordered to be im-

mediately transferred to the House of Representatives.

.Mr. Polhill, chairman of the Committee on Finance, sub-

mitted the following report :



MT. President:
The Finance Committee have had under consideration the following House bill, which they recommend be read the second time and recommitted to your committee, to-wit:
lJ,. bill appropriating certain sums of money for the purposes therein specified. Respectfully submitted.
J. H. PoLHlLL,ChaiTman.

The foregoing report was taken up, read and adopted, the bill mentioned therein being read the second time and recommitted to the Committee on Finance.
On motion of Mr. Polhill, the rules were suspended when the bill of the House to levy and collect a tax for the support of the State government, and the public institutions; to pay the interest and maturing principal of the public debt, and for educational and other purposes herein mentioned, for each of the fiscal years 1883 and 1884, was taken up, read the first time, and, on motion of Mr. Smith, was referred to the Finance Committee.
The Senate resumed bills on the third reading, and took up the report of the Judiciary Committee on the bill of the Senate to transfer the county of Laurens from the Oconee to the Ocmulgee Judicial Circuit, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority, there being ayes, 31, nays, 0. The Senate took up the report of the Committee on Education, on the bill of the Senate to declare of full force

MoNDAv, DECEMBER 4, 1882.

251

and effect an Act assented to December 22d, 1857, entitled

-an Act to encourage persons making wills to provide a per-

manent fund for the collegiate preparation and education

oQf indigent boys, or young men ; and, also, an Act amenda-

tory thereof, assented to December 17th, 1859, and to pro-

vide the manner in which said Act and amendment shall be

-carried into effect.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by constitu-

tional majority, there being ayes, 25, nays, 0.

The Senate took up the report of the Judiciary Com-

mittee on the bill to prescribe the fees of judges and bailiffs

of the County Courts in certain cases, and to provide for

the payment thereof.

The committee reported in favor of its passage by sub-

stitute.

The substitute was adopted.

The report was agreed to.

The bill was read the third time, and passed as amended

by substitute, by constitutional majority, there being ayes,

28, nay!', 0.



On motion of Mr. Eak'ile, the rules were suspended and

the Senate took up the report of the Committee on Cor-

porations, on the bill of the House to amend the several

Acts incorporating the town of Canton, in the county of

Cherokee ; to provide a Mayor and Council, and to preEcribe

their power aad duties, and for other purposes.

Mr. Eakes submitted the required proof of publication

of notice of intention to apply for the passage of this Act.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by constitu-

tional majority, there being ayes, 27, nays, 0.

Mr. Meldrim, chairman of the Committee on Corpora-

tions, submitted the following report :

252

JOURNAL OF THE SENATE.

Mr. President :
The Corporation Committee have had under consideration the following House bill, which they recommend do pass, to-wit:
A bill amending an Act providing for the registration of voters to vote at municipal elections in the city of SavanD8h, and for other purposes. Respectfully submitted.
P. W. MELDRIM, Chairman.
Mr. Pike, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate the following bill of the House, to-wit:
A bill prohibiting the sale of alcoholic, spirituoua or malt liquors or intoxicating bitters, in the county of Monroe, and for other purposes. Respectfully submitted.
W. I. PIKE, Chairman.

On motion of Mr. Gustin, the rules were suspended for the reading of House bills the third time, and the time of the session was extended to complete the same.
The Senate took up the report of the Judiciary Committee on the bill of the House "To change the time of holding the Superior Court of Crawford county, and for other purposes.'~
The report which was favorable was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes 25, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the House "To alter and amend the several Acts incorporating the town of Hawkinsville in the county of Pulaski, and to grant certain powers and privileges to said town, and for other purposes.''

MoNDAY, DECEMBER 4, 1882.

2.53

Mr. Lamar Eubmitted due and le~al evidence of the required notice of intention to apply for the passage of this bill.
The report which was favorable was a~reed to. The bill was read the third time and passed by constitutional majority, there being ayes 30, nays 0. The Senate took up the report of the Committee on the
J ndiciary on a bill of the House "To allow the J ndges of
the County Courts of the State to hold Court in other eounties than their own in certain cases.''
The report which was favorable was agreed to. After discussion on the bill Mr. Tatum called for the previous question, which was ordered and the main quest;on put, to-wit: Shall the bill now pass? The bill was read the third time and before the announcement of the vote was laid on the table, on motion of Mr. Meldrim. Under a suspension of the rules Mr. DuBignon introduced the following resolution, which was taken up, read and agreed to, t0-wit:
Resolved, That the Olerk of the Superior Court of Fulton county be and is hereby requested to furnish the Senate all papers in his office touching the case of Jas. L. Mitchell and Emma Blodgett vs. J. M. Nace, tenant in possession, lately pending in said Court.

The Senate adjourned, on motion, until 10 o'clock, A. M. to-morrow.

254

JouRNAL oF THE SENA'I.'E,

SENATE CHAMBER, ATLANTA, GA., } TuESDAY, December 5th, 1882, 10 o'clock, A. M.
The Senate met pursuant to acjonrnment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D,., Chaplain of the Senate.
On the call of the roll the following Senatol'l! answered to their names :

Baker, Beall, Bush. Davis, De,Volf,
DuBignon, Eakes, Foster, Frederick, George, Gustin, Guyton, Harri8, Hoyt,

Hughes, Lamar, Llving.3ton, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Norman, Oliver, Parker, Parks,

Paull, Peeples, Pike, Pol bill, R)use, Smith, Tatum. Tbompson, Tutt, Walker, Wilcox, Yow.
MR. PRESIDENT.

The Journal was read and approved. The following message was received from His Exellency the Governor, through Mr. Avery, his Secretary, to-wit:

Mr. President:
The Governor has approved and signed the following resolution and Act:
A joint resolution providing for indexing the Journals of the present session.
Also an Act to amend an Act to enable the purchasers of railroads to form corporations and to exercise corporate powers and to.define their rights, powers and privileges, said Act approved February 29th, 1876.

The following message was received from His Excellency the Governor,- through Mr. Avery, his Secretary, to-wit:

TUESDAY, DECEMBER 5, 1882.

255

Mr. President:
I am directed by His Excellency the Gov~rnor to deliver to the Senate a sealed communication in writing which he respectfully requests your honorable body to consider in executive session.

On motion of Mr. DuBignon, the Senate took up the

resolution to autborize tl!e Committee on Redistricting the

State to sit during the recess, which resolution is as follows,

to-wit:



WHEREAs, much time will necessarily be consumed in preparing a bill for redistricting the State, under the national census of 1880, into ten Congressional Districts; and
WHEREAs, it is important that said bill should be maturely considered by said committee. Therefore, be it
Resolved by tlte Senate, the House of Representatives concurring, Th11.t the committee appointed under a joint resolution for the purpose aforesaid, be and are hereby em powered to sit during the recess of the General Assembly, at such time and place as said committee may select.
Resolved further, That only the actual expenses while in session and the mileage now allowed by law shall be paid the members of said committee.

The resolution was agreed to. Mr. Livingston, chairman of the Committee on Agriculture, submitted the following report :

Mr. President :

The Committee on Agriculture have had under consideration the following Senate bill which they recommend do not pass, to-wit :
A bill to abolish the Department of Agriculture of~the State of Georgia,and for other purposes. Respectfully sub. mitted,
L. F. LtviNGSTON, Ohairman.

256

JOURNAL OF THE SENATE.

Mr. Tatum, a member of the Committee on Agriculture, submits the following minority report, to-wit ;

Mr. President:
As a member of the Committee on Agriculture, I desire to submit a minority reporl. The committee have had under consideration a bill to abolish the Department of Agriculture, to place the inspection of fertilizers under the supervision and control of the Comptroller-General,and for other purposes.
In dissenting as I do from the recommendation of a majority of the committee who recommend that the bill do not pass, it may not be improper for me to state, briefly, my reasons for so doing. It is unnecessary to say that I feel and acknowledge the great importance of this depart ment of our people's industries, and that the success of every department of human industry is based upon that of agriculture, and that, therefore, it behooves us, as Senators, to foster and encourage agriculture in every possible manner; yet I submit that the existing plan for its encouragement is too theoretical and to chimerical to attain any practical and, therefore, beneficial results.
The establishment of the Department of Agriculture, by an Act of the Legislature approved 28th February, 1874, was an experiment. This experiment has now been in operation almost nine years at a total cost to the State of Georgia, by appropriations made directly from its Treasury, of the enormous sum of $118,800. If we, or the people of Georgia, ever hope to experience any benefit which can be logically traced to this department of the State, I must say that it is high time we had done so, or our experience will be dearly bought. I do not feel at liberty as a Senator to vote away the people's money, to maintain an institution for the future, which has at such an enormous expense proved so utterly barren of results in the past. I know no good, nor has any member of the Committee been able to

TuESDAY, DECEMBER 5, 1882.

257

suggest any which by any process of reasoning can be traced

to this department. This being a fact, I see no reason why

we, as practical legislators, after nine years' experience,

should desire to continue a thing the benefits of which, if

any, are still prospective, still theoretical and fanciful.

This department was constituted for the benefit, particu-

larly,of our farmers. How has it redounded to their benefit?

The farmers have, under this signature, over and above

their other taxes, within the last past year, paid to inspec-

tors of fertilizers, and into the State Treasury, $62,713.31.

They do this upon an average every year. To relieve the

farmers of this burden, imposed upon no other occupation,

is the reason, in part, why I am in favor of this bill as I

hope it may be perfected.

It is a fallacy to say that the manufactures pay this tax

of fifty cents per ton on fertilizers. So does the manufac-

turer of tobacco pay the tax on tobacco, but who disputes

as to who finally pays it?

For these reasons, and bcause in my opinion the depart-

ment is an incubus upon the State government, I make

this minority report, and respectfully recommend to the

Senate that the bill under consideration do pass.

(Signed)

M. A. B. TATUM.

Mr. Gustin, chairman of the Oommittee on Special Judiciary, submitted the following report:

Mr. President :
The Special Judiciary Committee have had under consideration the following resolution of the Honse which they recommend be concurred in, to-wit :
A resolution requesting our Senators and Representatives in Congress to procure the passage of an Act allowing claims for cotton seized during the war to be filed, notwithstanding the lapse of time. Respectfully submitted,
G. W. GusTIN, Chairman.
17

258

JOUR~AL OF THE SENATE.

The bill of the Senate to abolish the Department of Ag riculture of the State of Georgia, and for other purposes, was taken up for a second reading under adverse report of the majority of the Committee on Agriculture, there being a minorit.Y report favorable to its passage.
The bill was, on motion of Mr. McDonald, laid on the table.
The bill of the House to extend the time for returning wild lands for taxation, in this State, and for the payment of taxes thereon, for the year 1882, and for other purposee, was read the first time under suspension of the rules, and referred to the Committee on Agriculture.
The bill of the House to amend an Act in relation to the registration of voters at the municipal elections in the city of Savannah, etc., was read the second time, and passed to a third reading.
By resolution of Mr. Morgan, properly approved, the Hon. W m. Gibson, of Warren county, was in vited to a seat in the Senate during his stay in this city.
The resolution of the House requesting our Senators and Representatives in Congress to procure the passage of an Act allowing claims for cotton seized during the war, to be filed notwithstanding the lapse of time, was taken up and concurred in.
The following message was received from the Honse of Representatives, through Mr. Hardin, the Clerk thereof:

M'r. President:
The Honse has passed the following bills, to-wit: A bill to be entitled an Act to extend the jurisdiction of J nstices of the Peace and Notaries Public, who are ex officio Justices of the Peace, in the county of Chattahoochee in certain cases. Also, a bill to prohibit the sale of spirituous, malt, vinous or intoxicating liquors within three miles of the Methodist church at Rocky Mount, Meriwether county.

TUESDAY, DECEMBER 5, 1882.

259

Also, a bill to be entitled an Act to amend an Act entitled an Act to establish a new charter for the city of Atlanta, so as to strike from section thirty-one (31) so much thereof as authorizes the sale of books, maps, charts and mathematical instruments in said city free from tax.
Also, a bill to be entitled an Act to prohibit the sale of spirituous, malt, vinous or intoxicating liquors within three miles of Bethel Missionary Baptist church, near Rocky Mount, Meriwether county, and provide a penalty for a violation of the Act.
Also, a bill to be entitled an Act to amend the charter of the town of Talbotton, so as to authorize the Mayor and Council of the said town to pay off a certain mortgage execution against LeVert Female College, located in said town, to take from the Trustees of said college a fee simple title to the same, to be used for school purposes, to provide revenue for the same, also for aiding in maintaining a'school for colored children in said town, and for other purposes.
Also, a bill to be entitled an Act to amend the charter of the city of Macon and the Acts amendatory thereof, so as to prescribe the number, qualification, term of office and compensation of the Aldermen of said city, to regnlate the method of registration of voters therein, and for other purposes.
Also, a bill to be entitled an Act to grant to the Floyd Rifles, a volunteer military company in the city of Macon, certain exemptions from jury duty, and for other purposes.
Also, a bill to be entitled an Act to amend section 4875 of the Code of 1873, conferring- upon the Mayor and Aldermen of the city of Savannah power to require the abatement and removal of nuisances within the jurisdictional limits of said city.
Also, a bill to be entitled an Act to repeal an Act entitled an Act to prescribe the method of granting license to sell spirituous or intoxicating liquors in the town of East-

260

JOURNAL OF THE SENATE.

man, Dodge county, and to prescribe a penalty for violating the requirements of this Act, and for other purposes.
Also, a bill to be entitled an Act fixing the license fees for the sale of intoxicating liquors in the county of Berrien, and in the town of Alapaha, in said county, and to appropriate the money arising from the sale of license in said places to educational purposes in said county of Berrien, and for other purposes.
Mr. Pike, chairman of the Enrolling Committee, begged leave to submit the following report :

Mr. President:
The Enrolling Committee report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following resolutions of the House, to-wit :
A resolution requesting our Senators and Representatives in CongrP.ss to use their efforts to secure a repeal or modification of the present internal revenue laws.
Also, a resolution appointing a joint committee to attend the Oglethorpe centennial celebration at Savannah.
Also, a resolution instructing our Senators and Representatives in Congress to use their efforts in securing the ten per cent tax on State banks..
Also, the following House bill, to-wit : A bill providing for a Solicitor for the County Court of Oconee county. Respectfully submitted,
W. J. PIKE, Chairman.

The following bills were read the first time and referred as respectively indicated, to-wit:
A bill to amend Section 4875 of the Code of 1873, conferring upon the Mayor and Aldermen of the city of Savannah, power to require the abatement and removal of nuisances within the jurisdictional limits of said city. Referred to the Committee on Corporations.
A bill to repeal an Act to prescribe the method of grant-

TUESDAY, DECEMBER 5, 1882.

261

ing license to sell spirituous or intoxicating liquors in the town of Eastman, in the county of Dodge, and to fix the license therefor, and to prescribe a penalty for violation of the requirements of this Act, and for other purposes. Referred to the Committee on Temperance.
A bill of the House to grant to the Floyd Rifles, a volunteer military company in the city of Macon, certain exemption from jury duty, and for other purposes, was read the first time and referred to the Committee on the Military.
The following bills of the Honse were read the first time and referred to the Special Judiciary Committee, to-wit :
A bill to extend the jurisdiction of Justices of the Peace and Notaries Public, who are ex officio J nstices of the Peace in the county of Chattahoochee, in certain cases.
A bill to amend the charter of the town of Talbotton,
etc. A bill to amend the new charter for the city of Atlanta,
approved February 28th, 1874, so as to strike from Section 31 so much thereof as authorizes the sale of books, maps, charts, and mathematical instruments in said city, free from tax.
And a bill to amend the charter of the city of Macon and the acts amendatory thereof, so as to prescribe the number, qualification, term of office and compensation of the Aldermen of said city, to regulate the method of registration of voters therein, and for other purposes.
The following bills of the Honse were read the second time, and referred to the Committee on Temperance, to-wit:
A bill to prohibit the sale of spirituoni!, malt, vinous, or intoxicating liquors within three miles of the .Methodist church at Rocky Mount, Meriwether county.
And a bill fixing the license fees for the sale of intoxicating liquors in Berrien county, and in the town of Alapaha, and to appropriate the money arising therefrom to educational purposes, and for other purposes.
By resolution of Mr. Hoyt, properly approved, the Ron.

262

JouRNAL oF THE SENA'l.'E.

Horace Wilson, a State Senator from Ohio, was invited to a seat in the Senate during his stay in the city.
The following message was re~eived from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Hr. President :
The House passed the following bills, to-wit : A bill to be entitled an Act to provide for the sale of certain bonds of the United States now in the treasury, the property of the State, and to designate the manner of disbursing the proceeds thereof. Also, a bill to be entitled an Act to incorporate the Metropolitan Street Railroad Company, and to define its rights and privileges, and for other purposes. Also, a bill to be entitled an Act to amend the charter of the Bank of Augusta, to authorize a reduction of the capital stock of said bank; to give to said bank a lien upon the stock of its shareholders in certain cases; to clearly define the powers and authority of said corporation, and for other purposes. Also, a bill to be entitled an Act to amend an Act to vest the title to the commons of the city of Columbus in commissioners, to sell the same and apply the proceeds to certain purposes, approved February 18th, 1873, so as to allow said commissioners to reserve and set apart certain portions of said commons for railroad purposes. Mr. Parks, chairman of the Committee on Education, submits the following report, to-wit:

Mr. President:

The Committee on Education has had under considera-

tion a House resolution, to-wit :

A resolution in favor of national aid to education in the

States.

To which the committee recommend the concurrence of

the Senate,

J. G. PARKs, Chairman.

TuESDAY, DEcEMBER 5, 1882.

263

On motion of Mr. Parks the resolution mentioned in the foregoing report was taken up and concurred in.
The Senate took up the report of the Judiciary Committee on the bill of the House to repeal Section 1278 of the new Code of Georgia, which provides where electors may vote.
The report was agreed.to. The bill was read the third time and passed by a constitutional majority, there being ayes 28, nays 0. The Senate took up the report of the Committee on Agriculture on the bill of the House to amend Section 874 (b) of the Code of 1882, in reference to the E>ale of wild land. The report was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes 26, nays 0. On motion of Mr. Tutt the bill of the Senate to abolish the Department of Agriculture and for other purposes, was taken from the table, and on motion of Mr. Baker was made the special order for Thursday next, immediately after the reading of the Journal, giving preference to the Appropriation and General Tax bill. The Senate took up the report of. the Committee on Temperance on the bill of the House to prohibit the sale or disposal of alcoholic, spirituous or malt liquors or intoxicating bitters in the county of Decatur, and for other purposes therein named. Mr. Bush submitted the proofs of due legal notice of intention to apply for the passage of this bill The report which was favorable was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes 29, nays 0. On motion of Mr. DuBignon all bills lying on the table were ordered to be taken up. The bill of the Senate to prescribe the salaries of the Judges of the Supreme and Superior Courts, was taken up and again, on motion, laid on .the table.

264

JOURNAL OF THE SENATE.

A bill of the Senate to repeal Sections 621, 622, 623, 624 and 625 of the Code of 1882, was taken up, and on motion again laid on the table.
The bill of the House to allow the Judges of the County Courts of the State to hold Court in other counties than their own in certain cases, was taken up and again, on motion, laid upon the table.
The bill of the Senate to alter and amend the Constitution of this State by striking therefrom paragraphs 15 and 16, of Section 7, Article 3, in reference to special and local bills; to provide for submitting this amendment to the people for ratification, and for other purposes therein mentioned, was taken up on a second reading, under auverse report of the Committee on the Judiciary.
Mr. Parks moved to disagree with the report of the committee.
After discussion Mr. Tutt called for the previous question, which call was sustained and the main question was put, to-wit :
The motion to disagree with the report of the committee. This motion did not prevail. The report was then agreed to, and, being adverse, the bill was lost. Mr. Polhill, chairman of the Committee on Finance submitted the following report :
Mr.. President:
The Committee on Finance have under consideration the following bill, to-wit:
A bill to levy and collect a tax for the support of the State Government and the public institutions ; to pay the interest and maturing principal of the public debt, and for educational and other purposes herein mentioned. for each of the fiscal years 1883 and 1884.
For the purpose of expediting the passage of this bill the committee ask that it now be read a second time and be recommitted.

TuESDAY, DECEMBER 5, 1882.

265

.The foregoing bill was read the second time and recommitted to the Committee on Finance as requested by said committee.
Mr. Polhill, chairman of the Committee on Finance, submitted the following report:

Mr. President :
The Finance Committee have had under consideration the following bills of the House which they recommend do pass as amended, to-wit:
A bill (292) appropriating certain sums of money for the purpose therein specified.
Also a bill (96) making appropriations for the executive, legislative and judicial expenses of the government, etc., therein mentioned per annum, for fiscal years 1883 and 1884. Respectfully submitted.
J. H. PoLHILL, Ohuirman.

The following bills of the House were read the first time and referred as respectively indicated, to-wit: . A bill to incorporate the Metropolitan Street Railroad Company, and to define its rights, powers and privileges, and for other purposes. Referred to the Committee on Corporations.
A bill to amend the charter of the Bank of Augusta ; to authorize a reduction of the capital stock of said bank; to give to said bank a lien upon the stock of its shareholders in certain cases; to clearly define the powers and authority of said corporation, and for other purposes. Referred to the Committee on Banks.
A bill to provide for the sale of certain bonds of the United States now in the treasury, the property of the State, and to designate the manner of disbursing the proceeds thereof. Referred to the Committee on Finance.
A bill to amend an Act to vest the title to the commons of the .city of Columbus, to sell the same and apply the

266

JOURNAL OF THE SENATE.

proceeds to certain purposes, approved February 18th, 1873, so as to empower said commissioners to reserve and set apart, at the reqnest of the Mayor and Council, certain portions of said commons for railroad purposes. Referred to the Committee on Corporations.
The Senate, on motion, took up the report of the Finance Committee on the bill of the Rouse making appropriations for the executive, legislative, and judicial expenses of the government, etc., therein mentioned, per annum, for the fiscal years 1883 and 1884.
The time of the sei!sion was, on motion, extended until 1.30 o'clock, to enable the Senate to dispose of the pending bill.
The Appropriation bill was taken up by sections. The first section was read and adopted. The second section was read. The Committee on Finance reported in favor of its amendment as follows, towit: Amend section second by striking out from the eleventh paragraph thereof" one dollar and fifty cents," and inserting in lieu thereof " two dollars." The amendment was adopted, and the second section agreed to as amended. Sections third, fourth and fifth were agreed to. Section six was amended, first, by inserting in paragraph eight, line seven, between the words " thousand" and "dollars" the words " and five hundred," so that instead of '' eight thousand dollars," it will read '' eight thousand five hundred dollars.'' Said !lection was also amended by inserting the words '' and five hundred," between the words " thousand" and "dollars," in the seventh line of the eighth paragraph. Said section was further amended by striking out from the second line of the fourteenth paragraph the word "five," and by adding after the word "hundred,'' in said line, the words'' eighteen dollars and sixty-five cents.'' The sixth section was agreed to as amended.

TuEsDAY, DECEMBER 5, 1882.

267

Sections seven, eight and nine were agreed to. The following, reported by the Finance Committee, was agreed to as section ten, the original section ten to be changed to section eleven, and the original section eleven to be numbered section twelve, to-wit:
Section l O, Be it jurtlter enacted, That for compensa-
tion of porter for the library the sum of one hundred and eighty dollars per annum, for the years 1883 and 1884, or so much thereof as may be necessary.
Section eleven was read and agreed to, it being originally section ten.
Section twelve was read and agreed to, it being originally section eleven.
The report of the Committee on Finance was agreed to. The bill was read the third time, and on the question of its passage, as amended, the ayes and nays were ordered to be recorded. Those who voted in the affirmative are, Messrs:.

Baker, Davis,
DeWolf,
DuBignon,
Eakes, Foster, Frederick,
George, Gustin, Guyton, Harris,
Hoyt,

Hughes,
Lamar, Livingston,
Mandeville, Martin, McAfee,
McDonald, Meldrim,
Morgan, Neal,
Norman, Oliver,

Parker, Paull,
Peeples, Pike, Pol bill,
Rouse, Smith, Thompson,
Tutt, Walker.
Wilcox, Yow.

Mr. Tatum voted in the negative. There are ayes, 36 ; there are nays, 1. So the bill was passed, as amended, by a constitutional majority. Leave of absence was granted Mr. Greer. The Senate adjourned, on motion, until 10 o'clock, A. M., to-morrow.

268

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA, } WEDNESDAY, December 6th, 1882, 10 o'clock, A.M.
The 8enate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names, Messrs. :

Baker, Beall, Bush, Davis,
DeWolf, DuBignon, Eakes, Foster, Frederick,
George, Greer, Gustin, Guvton,
Harris,

Hoyt, Hughes, Jones, Lamar, Livingston, Mandeville, Martin .1\IcAfee, McDonald, Meldrim, Morgan, Neal, Norman, Oliver,

Parker, Parks, Paull, :Peeples, Pike, Polhill, Rouse, Smith, Tatum, Thompson, Tutt, Walker, Wilcox, Yow,
MR. PBESIDli:NT.

The Journal was read and approved. By resolutions, properly approved, the following gentlemen were invited to seats in the Senate during their stay in the city, to-wit: By resolution of Mr. Davis, the Ron. John P. Shannon, of Elberton; by resolution of Mr. Pike, the Ron. W. L. Williamson, of the county of Jackson ; by Mr. McAfee, Dr. N. F. Howard. On motion of Mr. Parks so much of the Journal of yesterday was reconsidered as relates to the agreement of the Senate with the ad verse report of the Judiciary Committee on the bill of the Senate, to amend the Constitution of this State by striking therefrom paragraphs 15 and 16, of Section 7, Article 3, in reference to special and local bills, etc.

WEDNESDAY, DECEMBER 8, 1882.

269

On motion of Mr. Parks the reconsidered bill was recommitted to the Judiciary Committee.
Mr. Baker moved to reconsider so much of the Journal of yesterday as relates to the adoption of a joint resolution authorizing the Committee on Redistricting the State to sit during the recess."
Mr. Jones moved to lay the motion to reconsider on the. table.
On the motion to lay on the table Mr. Baker required the ayes and nays to be recorded.
Those who voted for the affirmative are, Messrs.:

Bush,
Davis,
DeWolf, DuBignon1 George, Gustin, Harris,

Hoyt, Hughes,
Jones, Lamar, Mandeville,
Martin, McDonald,

Meldrim, Morgan,
Neal, Norman,
Parks,
Rouse,
~mith,
Walker.

Those who voted in the negative are, Messrs.:

Baker, Beall,
Eakes,
Foster, Fredrick, Livingston,

McAfee, Oliver, Parker, Paull,
Peepl~s,
Pike,

Pol hill,
Tatum, Thompson, Tutt Wilcox. Yow.

There are ayes 22, there are nays 18, so the motion to lay on the table prevailed.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President :
The House of Representatives has passed the following bills to-wit:
A bill providing for the drawing of but one grand jury for each term of the Superior Court of Meriwether, and requiring the jury drawn to serve both weeks, etc.
Also, a bill to change and fix the times of holding th1:1

270

JoURNAL OF THE SENATE,

Superior Courts of Fayette and Heard, and for other pur poses.
Also, a bill to amend Section 2d of an Act to fix the times for holding the Superior Court in the county of Mitchell, and to provide for two weeks at each term, approved September 24th, 1881, so as to provide that one grand jury shall serve both weeks, and for other purposes.
Also, a bill to provide that but one grand iury shall be drawn for each term of the Superior Court of Randolph county.
Also, a bill to suppress and prohibit the sale of intoxicating, spirituous or malt liquors in the county of Clayton, after submitting the same to the qualified voters of said county, and for other purposes.
Also, a bill to amend the revised Charter of the City of AJnericus, and to provide for the collection of taxes and other debts that may be due said city.
Also, a bill to prohibit the sale of intoxicating liquors at Rehoboth church, in Wilkes county, and within a radius of three miles of said church.
Als(), a bill to repeal an Act to fix the license for the retail of spirituous liquor11 in the county of Washington at twenty thousand dollars, in addition to the present restrictions, and for other purposes.
Also, a bill to fix the license for retailing or vending spirituous or malt liquors in Ware county at ten thousand dollars, and to provide a penalty for a violation of the same.
Also, a bill to amend an Act entitled an Act to incorporate the town of Butler in the county of Taylor, and for other purposes.
Also, a bill to appropriate ten thousand dollars to the University of Georgia to finish rebuilding the North Georgia Agricultural College at Dahlonega.
Also, a bill to incorporate the town of Clarkston in the county of DeKalb, and for other purposes.
Also, a bill to amend the several Acts incorporating the

WEDNESDAY, DECEMBER 6, 1882.

271

town of Perry in the county of Houston, giving the authorities of said town additional power:>, and for other purposes.
Also, a bill to authorize the Board of Roads and Revenues of Taylor county to let out the building of public bridges in said county without requiring bond therefor, etc.
Also, a bill to authorize the municipal authorities ef the town of Elberton to issue aud dispose of certain bonds of said town, and for other purposes.
Also, a bill to e~empt the county ')f Worth from the opPration of all road laws now in force which exempt road hands from being compelled to work on roads more than three miles from their residen~e.
Also, a bill to incorporate the town of Sumner in the county of Worth, and for other purposes.
Also, a bill to withdraw from within the corporate limits of th1l village of Summerville the lands of the Augusta Land Company, and for other purposes.
Also, a bill to hx the amount of license for selling spirituous, intoxicating, or malt liquors in the county of Columbia, and to prescribe a penalty for violation thereof, etc.
Also, a bill to extend the limits of the city of Augusta, and for other purposes.
Also, a bill to authorize the City Council of Augusta to exercise police control over city property at the head of the Augusta caual and the dam across the Savannah river.
Also, a bill to change the time of holding the Superior Court of the county of Pickens.
Also, a bill to amend section six of an Act to enlarge the jurisdiction of the City Court of Savannah, to prevent the Judge thereof from practicing law, and for other purposes, approved September 15th, 1881, so far as the same relates to deposit of costs, etc.
Also, a bill to authorize the Trustees of LeVert Female College, at Talbotton, to transfer the title of said college to the Mayor and Aldermen of said town.

272

JOURNAL OF THE SENATE.

Also, a bill to annul an Act fixing the license fees for

the sale of spirituous, intoxicating and malt liquors in the

county of Pierce, and town of Blackshear in said county,

approved October 20th, 1879, and for other purposes.

Also, a bill to amend an Act fixing the license fee for

selling spirituous, intoxicating and malt liquors in the

county of Clinch, at fifteen hundred dollars, and for other

purposes.

Also, a bill to red nee the bonds of the Sheriff of Jasper

county.

.

Also, a bill to annul the Charter of the city of Cuthbert

in Randolph county.

Also, a bill to incorporate the town of Chipley in the

county of Harris, and for other purposes.

Also, a bill to create a Board of Commissionera of Roads

and Revenue for the county of Terrell, to define ther pow-

ers and duties, and for other purposes.

Also, a bill prohibiting the sale and furnishing of spiritu-

ous, malt or other intoxicating liquors in the county of

Warren, and provide a penalty therefor.

Also, a bill to establish a Board of Road Commissioners

for Bryan county, and to provide a system for working the

roads in said county.

Also, a bill to exempt from jury duty certain members

of the Macon volunteers.

Also, a bill to incorporate the town of Salt Springs, in

the county of Douglas, to provide a Mayor and Council for

said town, and for other purposes.

The House has agreed to the following resolutions, in

which the concurrence of the Senate is asked :

A resolution providing for the distribution of the Code

of 18~2; also, a rewlution empowering the President of

the Senate and Speaker of the House to sign bills and reso-

lutions after adjournn:ent.

A resolution to authorize the printing of public acts of

the present session.

. WEDNESDAY, DECEMBER 6, 1882.

273

A resolution to appropriate one hundred and seventy-five

dollars to purchaEe certain books for McDuffie county.

A resolution appointing a committee to procure an )il

painting of the late Hon. B. H. Hill, and to provide for the

payment of the same.

The following message was received from His Excellen-

cy the Governor, through Mr. Avery, l!is Secretary, to-

wit:

.Mr. President :
I am directed by the Governor, to deliver to the Senate a sealed communication, in writi.r.g, which he respectfully invites your honorable body to consider in executive session.
Under a suspension of the rules, Mr. Jones offered the following resolution, which was taken up, read and agreed to, to-wit:
WHEREAs, Resnlutions have been introduced into both branches of the General Assembly, at this session, looking to a discontinuance of the suit instituted by the State against the lessees of the Western and Atlantic Railroad Company; and, whereas, said resolutions are now in the hands of the Judiciary Committee of the respective branches of the General Assembly, and a sufficient length of time of the present Eession does not remain for the proper consideration and disposition of the question :
Resolved by the Senate, the House of Representatives concur?ing, That His Excellency the Governor, be requested to confer with counsel for the lease company, and arrange, if possible, for a continuance of said suit until after the sitting of the General Assembly, in July, 1883, and report theresult of the conference to the Senate and Honse of Representatives, before the recess, if possible.

On motion of Mr. Jones, the foregoing resolution was ordered to be transmitted to the House at once.
18

274

JOURNAL OF THE SENATE.

On motion of Mr. DuBignon, the rules were suspended, when he introduction the following reeolution,_ which was read and referred to the Judiciary Committee, to-wit :

WHEREAS, There are many errors and omissions in some copies of the Code prepared by Lester, Rowell and Hill ; and, whereas, it is important that the book delivered to the State in accordance with its subscription for the use of the various public officers of the State, should contain the law as it really exists; therefore,
Be it Resolved by the Senate and House of Representa-
tives, That a committee of three (3)" of the Senate and five (5) from the House, be appointed to carefully examine, during the recess, the Codes proposed to be delivered to the State in accordance with its subscription, and make report to the General Assembly when it re-assembles in July next, and that, in the mean time, the Governor be requested to make no further payment on account of said subscription, until said books shall have been t>Xamined and found to contain the laws of Georgia as really existing.

The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

.Mr. President :
T1e Honse has passed the following bills : A bill to authorize the Mayor and Council of Eatonton to establish and maintain public schools. Also, a bill to fix the amount of license at five thousand dollars for selling spirituous liquors in the county of Bryan. Also, a bill to amend an Act to incorporate the South Side Street Railroad Company in Atlanta, Ga. A}so, a bill to take lands of private persons for the purpose of erecting light-houses, beacons, etc., for the improvement of harbors in this State, and for other purposes. Also, a bill to prohibit the sale of spirituous liquors in Randolph county.

\VEDNESDAY, DECEMBER 6, 1882.

275

Also, a bill to repeal several Acts creating a County Court for Bryan county, etc.
Also, a bill to prohibit the sale of intoxicating liquors in Washington county, and for other purposes.
Also, a biH to regulate the sale of intoxicating liquors in Henry county, and for other purposes.
Also, a bill to amend an Act to incorporate the town of Perry, in Houston county, and for other purposes.
Also, a bill to amend an Act to authorize the Town Commissioners of Spring Place to issue license to retail spirituous liquors, etc.
Also, a bill to amend the several Acts incorporating the town of Waycross, Ware county.
Also, a bill to amend the revised Charter of the city of Americus.
Also, to prohibit the sale of spirituous liquors within five miles of Damascus church, in Early county.
Also, a bill to authorize the Mayor and Council of the city of Savannah to lay down and construct sewers or drains in the streets of said city.
Also, a bill to incorporate the Georgia, Alabama and Tennessee Railroad Company, and for other purposes.
On motion of Mr. Livingston, the rules were suspended, when the Senate took up the report of the Finance Committee on the bill of the House to appropriate certain sums of money for the purposes herein specified, to supply a deficiency in the contingent and other funds for the year 1882, and for other purposes.
The same was, on motion, taken up by paragraphs. Section 1 was read and adopted. Section 2 was read by paragraphs and adopted. The Committee on Finance recommended the amendment of the bill by adopting the following as section 3, to-wit:

Be it further enacted, That the sum of twelve hundred

276

JOURNAL OF THE SENATE.

and fifty dollars, or so much thereof as may be necessary, is hereby appropriated for repairing the roof of the main building of the Deaf and Dumb Institute, repairing the workshop, repairing the fencing, the water-wheel and dam of said Institute.

Said amendment was adopted. The bill was further amended in accordance with the report of the committee, by changing the original section 3 to section 4. The report was agreed to. The bill was read the third time, and on the question of its passage, as amended, the ayes and nays were recorded. Those who voted in the affirmative are, :Messrs. :

Baker,
Beall, Bush, Davis, De'iYolf, DuBignon, Eakes, Foster, Frederick,
George, Gustin, Guyton, Harris,

Hoyt, Hughes,
Jones, Lamar, Livingston,
Mandeville, :McAfee, llcDonald,
Meldrim, :Morgan, Neal, Norman, Oliver,

Pnrker, Parks, Paull, Peeples, Pike, Polhill, Rouse,
Smi~h.
Tatum, Tutt,
Walker, Wilcox, Yow.

There are ayes, 39 ; there are nays, 0. So the bill was passed, as amended, by constitutional majority. :Mr. DuBignon, chairman of the J ndiciary Committee, makes the following report, to-wit:

111r. President:
The committee have had under consideration the following, which they recommend do pass by substitute, to-wit:
A bill to provide an additional mode of foreclosing mortgages on personal property.
The committee have also had under consideration the

WEDNESDAY, DECEMBER 6, 1882.

277

following House bills, which they recommend do pass, towit:
A bill to amend section 1762 of the Code, so that the wife, upon the payment of the debts of the husband, may take possession of his estate without administration, sue for and recover the same.
Also, the folllowing bills, which they recommend do pass by substitute :
A bill to repeal the first section of an Act to regulate and fix the time of holding elections by the General Assembly, approved September 28th, 1881.
Also, a bill to amend an Act to carry into effect Article 6, Section 7, paragraph 2, of the Constitution of 1877.
Reapectfully submitted, F. G. DuBIGNON, Chairman.

Mr. Oliver, chairman of the Committee on Military, submitted the following report :

Mr. President:
The Military Committee have had under consideration the following bill of the House which they recommend do pass, to-wit :
A bill to grant to the Floyd Rifles; a military company in the city of Macon, certain exemptions from jury duty, and for other purpoaes. Respectfully submitted,
T. W. OuvER, Chairman.

Mr. McDonald, chairman of the Committee on Temperance, submitted the following report:

Mr. President:
The Temperance Committee have had under consideration the following bills of the House, which they recommend do pass, to-wit:
A bill prohibiting the sale of spirituous liquors within

278

JOURNAL OF THE SENATE.

three miles of the Methodist church at Rocky Mount, in Meriwether county.
Also, a bill prohibiting the sale of spirituous liquors within three miles of Bethel Baptist church, near Rocky Mount.
Also, a bill fixing the license fees for the sale of intoxicating liquors in the county of Berrien, and for other purposes.
Also, a bill repealing an Act prescribing the method of granting license to sell spirituous liquors in the town of Eastman. Respectfully submitted,
WM. A. McDoNALD, Chairman.

Mr. Gustin, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President :
The Special Judiciary Committee have had under consideration the following bills of the House, which they recommend do pass, to-wit:
A bill amending an Act establishing a new Charter for the city of Atlanta.
Also, a bill amending the Charter of the city of Macon. Also, a bill amending the Charter of the town of Talbotton. Also, the following bill of the House, which they recommend do not pass, to-wit: A bill extending the jurisdiction of Justices of the Peace and Notaries Public, in the county of Chattahoochee, in certain cases. Also, the following bill of the Senate, which they recommend do pass as amended : A bill to amend an Act entitled an Act to regulate the practice of medicine in this State.
Respectfully submitted, G. W. GusTIN,
Chairman Special Committee on Judiciary.

WEDNESDAY, DECEMBER 6, 1882.

279

Mr. Baker, chairman of the Committee on Internal Improvements, submitted the following report, to-wit:

Mr. President:
The Committee on Internal Improvements have had under consideration the following resolution, which they recommend be adopted, to-wit :
A resolution to appoint a joint committee to investigate, and report amendments to the road laws of our State.
Respectfully submitted, TH<:lS. H. BAKER, Chairman.

Mr. Meldrim, chairman of the Committee on Corporations, submits the following report:

JJJ.r. President:
The Committee on Corporations have had under consideration the following House bills, which they recommend do pass, to-wit:
A bill to amend an Act to vest the title to the commons of the city of Columbus in commissioners, to sell the same and apply the proceeds to certain purposes, approved February 18th, 1873, so as to empower said commissioners to set apart, at the request of the Mayor and Council, certain portions for railroad purposes.
Also, a bill to amend Section 4875 of the Code of 1873, conferring upon the city authorities of the city of Savannah power to abate nuisances within their jurisdiction.
Respectfully submitted, P. W. MELDRIM, Chairman.

On motion of .Mr. Tatum, the rules were suspended for the purpose of reading bills of the House the first time.
The following bills of the House were read the first time and referred to the Committee on the Judiciary, to-wit:
A bill to prohibit the sale of spirituous liquors in the county of Randolph except as herein allowed.

280

JOURNAL OF THE SENATE.

A bill to provide that one grand jury shall be drawn for each term of the Superior Court of Randolph county.
A bill to authorize and empower the Board of Roads and Revenues of Taylor county, to let out the building of public bridges in said county, without requiring from the builder or contractor, bond and security therefor. -
A bill to amend an Act to incorporate the town of Perry, in Hou>ton county, etc.
A bill to amend an Act to incorporate the South Side Street Railroad Company, etc., approved September 30th, 1881, so as to authorize and empower said company to construct, maintain and use other lines of street railroads in addition to those mentioned and provided for in said Act, so as to extend the line contemplated by that Act.
A bill to reduce the bonds of the sheriff of Jasper county to the sum of five thousand dollars.
A bill to change the time of holding the Superior Courts of the county of Pickens.
A bill to authorize the Mayor and City Council of Eatonton to establish and maintain public schools in the city of Eatonton, Ga., by local taxation, and for other purposes.
A bill to authorize the Trustees of LeVert Female College, located at Talbotton, Ga., to transfer the legal title to the college buildings 'lnd grounds, apparatus, furniture, etc., together with the rights, powers and .franchises, to the Mayor and Council of the town of Talbotton, to be used and occupied for educational purposes, and for other purposes.
A bill to amend section six of an Act to enlarge the jurisdiction of the City Court of Savannah to prevent the Judge thereof from practicing law, and for other purposes, approved September 15th, 1881, so far as relates to the deposit of costs provided in said section.
A bill to create a board of Roads and Revenues for the county of Terrell, and to define their powers and duties, and to repeal an Act approved February 15th, 1873, enti-

WEDNESDAY, DECEMBER 6, 1882.

281

tled an Act to create a Board of Commissioners of Roads and Revenues for the county of Gilmer, and a Board of Commissioners of Roads for the county of Terrell, in so far as the same relates to the county of Terrell, and for other purposes.
A bill to prohibit and suppre~s the sale of intoxicating liquors, beer or cider within the limits o: Clayton county, Georgia, after submitting the same to the qualified voters of said county, and to point out the manner in which it may be done.
A bill to establish a Boa1d of Road Commissioners and provide a system for working the rublic roads in the county of Bryan, and for other purposes.
A bill to exempt from jury duty certain members of the Macon volunteers.
A bill to change and fix the times of holding the Superior Courts in the counties of Fayette and Heard, in the Coweta Judicial Oircuit, and for other purposes.
A bill to provide for the drawing of only one grand jury for each term of the Meriwether Superior Court, andre quiring the one drawn to serve both weeks, or so long as the presiding Judge may deem n.ecessary.
A bill to repeal the several Acts creating, organizing and establi&hing a County Court for the county of Bryan, to provide for a proP.er disposition of the business, civil and criminal, now pending in said court, to abolish said Court, and for other purposes.
And, a bill to amend section second of an Act to fix the times for holding the Superior Court for the county of Mitchell, and provide for two weeks for each term instead of one as now provided, approved September 24th, 1881, and to provide that one grand jury shall be drawn and summoned to serve for both weeks of said term.
The bill of the House to incorporate the Georgia, Alabama and Tennessee Railroad Company, and to grant certain powers and privileges to the same; and to provide for

282

JoURNAL OF THE SENATE.

the l>nilding of its branches ; and to authorize said road to consolidate its road with any other road incorporated in the States of Georgia, Alabama and Tennessee, and for other purposes, was read the first time and referred to the Com mittee on Railroads.
The following Honse bills were read the first time and referred to the Committee on Finance, to-wit :
A bill to appropriate the proceeds of tl1e hire of convicts convicted of misdemeanors, and serving on county chaingangs from the county of Greene, to the payment of insolvent costs due the different officers of said county.
And a bill to appropriate the sum of ten thousand dollars to the University of Georgia, to complete the rebuilding of its branch college at Dahlonega, known as the North Georgia Agricultural College, which was destroyed by fire.
The bill of the Home to exempt the county of Worth from the operation of all road laws now in force, which exempt road hands from being compelled to work on roads more than three miles from their residence, was read the first time and referred to the Committee on Internal Improvements.
The Honse joint resol~tion to appoint a committee to procure a life-size oil painbing of Ron. B. H. Hill, and to provide for the payment thereof, was read the first time and referred to the Finance Committee.
The House resolution to authorize the publication of the public Acts of this present session, was read the first time and referred to the Committee on Finance.
The House resolution providing for the distribution of the Code of 1882, to the several officers and institutions entitled to the same, was read the first time and referred to the Committee on the !:)tate Library.
The Honse resolution to empower the President of the Senate and Speaker of the Honse of Representatives to sign bills and resolutions after adjournment, was read the first time and referred to the Special J ndiciary Committee.

WEDNESDAY, DECEMBER 6, 1882.

283

The following bills of the House were rea<! the first time and referred to the Committee on Temperance, to-wit :
A bill to submit to the voters of Terrell county the question of granting license to sell spirituous, vinous, malt or intoxicating liquors, and for other purposes.
A bill to fix the amount of license for selling spirituous or malt liquors in the county of Columbia, and for other purposes.
A bill amendatory of an Act fixing the license fees for the sale of spirituous and malt liquors in the county of Pierce and the town of Blackshear in said county, approved October 20th, 1879.
A bill to prohibit the sale of intoxic.tting liquors at Rehoboth church, in Wilkes county, Georgia, and within a radius of three miles of said church.
A bill to amend an Act fixing the license fee for the selling of spirituous and malt liquors in the county of Clinch at $1,500, and for other purposes.
A bill to regulate the sale of spirituous, vinous or malt liquors in the county of Henry, and for other purposes.
A bill to fix the amount of license at five thousand dollars for selling or vending spirituous, intoxicatin~ or malt liquors in the county of Bryan, and for other purposes.
A bill to prohibit the sale and furnishing of spirituous, malt or other intoxicating liquors in the county of Warren, and for other purposes.
The following bills of the House were read the first time and referred to the Committee on Corporations, to-wit:
A bill to incorporate the town of Sumner in the county of Worth, and for other purposes.
A bill to withdraw from the corporate limits of the village of Summerville, the lands of the Augusta Land Company, and others lying north of the Washington road, and for other purposes.
A bill to authorize the City Council of Augusta to exercise police control over city property at the head of the

284

JouRNAL OF rHE SENATE.

Augusta Canal and the dam across the Savannah river, and for other purposes.
A bill to amend an Act to extend the limits of the city of Augusta to regulate taxation within said extended limits, and for other purposes.
A bill to amend an Act to incorporate the town of Perry, and for other purposes therein set forth.
A bill to authorize the municipal authorities of the town of Elberton, in this State to issue and sell bonds of the town of Elberton, not exceeding twelve thousand dollars in the aggregate amount for the purpose of redeeming the outstanding bonds of said town, which bonds were duly issued anterior to 1877, and to authorize said municipal authorities to levy and collect a tax upon the taxable property within the' corporate limits of said town, to pay the interest on and redeem said bonds, and for other purposes.
A bill to consolidate, amend and supersede the several Acts incorporating the town of Waycross, in the county of Ware, and for other purposes.
A bill to incorporate .the town of Chipley in the county of Harris, and for other purposes.
A bill to amend the charter of the city of Cuthbert in Randolph county, Georgia, relative to licensing dealers in spirituo11S liquors.
A bill to amend an Act to incorporate the town of Butler in Taylor county; to extend the limits of said town, and for other purposes.
A bill to incorporate the town of Salt Springs in the county of Douglas, and for other purposes.
A bill to incorporate the town of Clarkston in the county of DeKalb, and for other purposes.
A bill to fix the license fee for retailin~ or vending spirituous, intoxicating or malt liquors in Ware county at ten thousand dollars, and to provide a penalty for the violation of the s!l.me.
A bill to amend an Act to order an election to determine

WEDNESDAY, DECEMBER 6, 1882.

28.5

whether the sale of intoxicating liquors, etc., shall be prohibited in the county of Worth, etc.
A bill to amend the Charter of the city of Newnan. A bill to incorporate the Chattahoochee Navigation Company. The following message was received from the Honse, through Mr. Hardin, the Clerk thereof :

Mr. Pr68ident:
The Honse has passed the following bills, to-wit: A bill to submit to the voters of Terrell county the question of granting license to sell spirituous liquors in said county, etc. Also, a hill to amend the Charter of the city of Newnan, and to change the name of said city to the city of Newnan, and for other purposes. Also, a bill to appropriate the proceeds of the hire of convicts in Greene county to the payment of insolvent costs dne the officers in said county. Also a bill to create a Board of Commissioners of Roads and Revenues for the county of DeKalb, and for other purposes. Also, a bill to incorporate the Chattahoochee Navigation Company. Also, a bill to amend an Act to order an election to determine if the sale of intoxicating liquors shall be prohibited in the county of Worth. Also, a bill to incorporate the Merchants' and Planters' Bank of West Point, Ga. The Rouse has concurred in the following resolutions of the Senate, to-wit : A resolution to memorialize Congress in reference to public buildings at Brunswick. .Also, a resolution to provide for a committee to visit and examine the books of the Academy for the Blind. Also, a resolution to require the Governor to furnish the

286

JoURNAL OF THE SENATE.

General Assembly the reasons of the pardon of certain convicts, etc.
On motion of Mr. Polhill, the supplemental appropriation bill was ordered transmitted to the Hoose without delay.
The Senate, on motion, adjourned until 7 o'clock P.M.

SENATE CHAMBER, 7 o'clock P.M.
The Senate met pursuant to adjournment, the President in the chair.
On call of the roll a quorum was found present. The following bills of the House were read the first time and referred as respectively indicated, to-wit : A bill to create a Board of Commissioners of Roads and Revenues for the county of DeKalb, to define their powers and duties, and for other purposes. Referred to the Committee on Finance. A bill to provide for the taking of land belonging to private persons for the purpose of erecting light-houees, beacons, or range lights, by the General Government, to improve the navigable rivers and harbors of the State. Referred to the Committee on the Judiciary. A bill to amend the revised Charter of the city of Americus, and to provide for the collection of taxes and other debts that may be due the city. Referred to the Committee on Corporations. A bill to incorporate the Merchants' and Planters' Bank of West Point, Georgia. Referred to the Committee on Banks. A bill to amend the revised Charter of the city of Americus, approved February 22d, 1872. Referred to the Committee on Corporations. A bill to authorize the Mayor and Aldermen of the city of Savannah to lay down and construct in the streets and lanes of sai~ city such sewers or drains as may be necessary,

WEDNESDAY, DECEMBER 6, 1882.

287

and to assess upon the owners of lots abutting on so much of said street or lane in which sewers or drains may be laid under this Act the cost of such improvement, pro rt~ta, to the assessed value of said lots, and to provide the manner of collecting such assessments. Referred to the Committee on Corporations.
A bill to prevent the sale of intoxicating liquors within five miles of the Damaecus church, in the 854th district, G. M., in the county of Early, and to provide a penalty for a violation of the same. Referred to the Committee on Temperance.
A bill to amend an Act to authorize the Town Commissioners of Spring Place, Murray county, to issue license for the retail of ardent spirits, and for other purposes, approved March 20th, 1869. Referred to the Committee on Temperance.
A bill to prohibit the sale of intoxicating liquors in the county of Washington, by submitting the question to the qualified voters of said county, to provide penalties for its violation, and for other purposes. Referred to the Committee on Temperance.
A bill to repeal an Act to fix the retail liquor license in the county of Washington at twenty thousand dollars, in addition to the present restrictions on the 8tatute book regarding the granting of license in this county, and to require the incorporated cities and towns in the county to conform to this, to provide penalties for its violation, and for other purposes, approved September 9th, 1881. Referred to the Committee on Temperance.

Mr. Polhill, chairman of the Committee on Finance, submitted the following report:
Mr. President:
The Finance Committee have had under consideration the following House bill, which they recommend do pass, to-wit:

288

JoURNAL OF THE SENATE.

A bi!l providing for the sale of c'artain bonds of the United States, etc.
Also, a bill which they recommend do pass as amended, to-wit:
A bill levying and collecting a tax for the support of the State government, and for other purposes.
Respectfully sn bmitted, I. G. PoLHILL, Chairman.

On motion of Mr. Polhill, the bill of the House providing for the sale of certain bonds of the United States, etc., was taken np under a suspension of the rules, read the second time and passed to a third reading.
On motion of Mr. Livingaton the rules were suspended, when the Senate took up the report of the Finance Committee on the bill of the House to levy and collect a tax for the support of the State government and the public institutions; to pay the interest and maturing principal of the public debt, and for educational and other purposes herein mentioned, for each of the fiscal years 1883 and 1884.
The bill was taken up by sections. The first section was read and adopted. The second section was read. Mr. Jones proposed to amend the second section by in serting after the word "dentistry," in the first paragraph thereof, the following, to-wit : "And every pers(\n other than practitioners of law, who shall engage in the business of conveyancing, drawing deeds, mortgages, contracts, wills, or other like instruments, and charging or receiving any money, or other thing of value, ten dollars, and no mnn~ci. pal corporation or county .authorities shall levy any additional tax on said profession or party, either as license fee or otherwise." The previous question was called for and sustained. The main question was put, to-wit: The question of adopting the proposed amendment offered by Mr. Jones.

WEDNESDAY, DECEMBER 6, 1882.

289

The ayes and nays were required to be recorded. Those who voted in the affirmative are, Messrs.:

Davis, DuBignon, George, Gustin, Harris, Hoyt, Hughes,

Jones, Lamar, Livingston, Mandeville, Meldrim, Morgan, Neal,

Oliver,
Peeples, Pike, Smith,' Tutt, Walker.

Those who voted in the negative are, Messrs.:

Baker, Beall, Bush. DeWolf, Eakes, Foster, Martin,

McAfee, McDonald, Norman, Parker, Parks, P11ull Polhih,

R'mse, Tatum, Thompson,
Wilcox, Yow.

There are ayes, 20; there are nays, 19. So the amendment was agreed to. The second section was further amended, in accordance with the report of the committee, as follows, to-wit :

First, by substitutiqg the following for the eighth paragraph:
" Upon every person or firm soliciting policies of insurance, or otherwise acting as agent of an insurance company, ten dollars in each county in this State in which such firm, person or agent, may solicit business. And upon every person or firm soliciting business, or acting as a~ent for any matrimonial, natal or nuptial association, or company, twenty-five dollars for each company, in each county in this State in which such person, firm or agent, may solicit business.''
Second, by striking from paragraph twelve of the second section all after the sixth line of said paragraph:
Third, by striking the word "histrionic " from the sec- . ond Jine of the fourteenth paragraph.
The said fourteenth paragraph was also amended, on
19

290

JOURNAL OF THE SENATE.

motion of Mr. Gustin, by inserting the word ''musical" before the word " dramatic," where the Eame occurs therein.
Fourth, by striking from the sixteenth paragraph the last four lines relating to a tax on the manufacture of oleomargarine.
Fifth, by substituting the following for the seventeenth paragraph, to-wit:
'' Seventeenth. Upon every person acting as the agent, other than the general agent, or manager, of sewing machine companies, or of wholesale dealers in sewing machines, or any agent for a retail dealer, or any retail dealer who shall peddle sewing machines, ten dollars in each county in which such person may do bminess. This tax upon such agents shall operate as a lien upon all property of the perEOn or firm for whom the agent is doing business. And before such agent, or peddler, being a retail dealer, shall be authorized to sell or deliver sewing raachines and accessories of any one manufacture in this State, be shall apply to the Comptroller-General for a license, and it shall be the duty of the Comptroller-General, upon payment of the license tax of ten dollars for each county in which he proposes to do business, to issue such license for the fiscal year, or fractional part thereof, which shall contain the name of the manufacturer, and the county or counties in which such agent or peddler may desire to operate, and shall not be transferable, and shall only authorize the person holding the same to deal in the machine or accessories named therei~, and in the counties named in such license. But the Oomptroller-General shall issue no sueh license, except upon the approval of the manufacturer or general agent, or wholesale dealer whose machines are to be handled. Any person who, after the first day of April, 1883, 8hall violate the provisions of this i!ection shall be liable to indictment, and, on conviction, shall be fined in a sum of not less than fifty dollar!' nor more than one hundred dollan~, at the ciiscretion of the Court trying the same, and one-half

WEDNESDAY, DECEMBER 6, 1882.

291

of such fine shall go to any person who shall report the violation of this law. Provided: That this tax of ten dollars shall not apply to maimed Confederate soldiers who are now, or may hereafter, be licensed by the Ordinaries of the various counties to peddle without license, in conformity with Section 534, Code, 1873. Provided further: That such maimed soldiers !Shall peddle such machines in their own right, and not as agents or employes of another.''

The second section was further amended, on motion of Mr. Parks, by adding tlie following at the close of paragraph eighteen, to-wit:
"The tax provided by this paragraph ehall be assessed against all dealers in the articles herein enumerated, on and after the first day of April, 1883, and such dealers shall not be liable for said tax of twenty-five dollars prior to the first day of April, 1883.''
The second section was adopted as amended. Section third was read and amended in accordance with the report of the committee, by striking the word '' seventeen" from the tenth line thereof. Section third was adopted as amended. Section fourth was read and amended in accordance with the committee's report, by striking the word "seventeen" from the fourth line thereof. Section third was adopted as amended. Sections 5, 6, 7 and 8 were respectively read and adopted without amendment. Section 9 was read, and the following, which was reported as a substitute therefor by the committee, was adopted, towit:

SECTION 9. Be it further enacted by the authority aforesaid, That each sewing machine company (home or foreign} selling or dealing in sewing machines of home or foreign manufacture, by itself or its agents, in this State, aud all

292

JoURNAL OF '.rHE SENATE.

wholesale dealers in sewing machines, selling sewing machines of home or foreign manufacture to wholesale dealers or retail dealers, shall pay the sum of two hundred dollars for each year or fractional part thereof, to the ComptrollerGeneral, at the time of commencement of business for each fiscal year or fractional pa.rt thereof, and all sewing machines belonging to such companies, dealers or their agents, in possession of such companies, dealers, their agents, or others, shall be liable to seizure and sale for the payment of such tax. This tax shall be for the whole State, and such companies, their general agents, and wholesale dealers, shall not be liable for any county tax, or corporation license fees, by the counties or cities for selling sewing machines therein. In cases where wholesale dealers sell sewing machines manufactured by auierent companies, such dealer shall pay the tax above provided for separately for each company whose manufacture of machines may be sold by such dealers. All local agents handling or selling the sewing machines of companies, or of wholesale dealers, who have not paiti the two hundred dollar tax herein provided, shall pay the sum of fifty dollars for each year or fractional part thereof. Any person who, after the first day of April, 1883, shall violate the provisions of this section, shall be liable to indictment, and on conviction shall be fined in a sum of not more than five hundred, nor less than one hundred dollars, at the discretion of the Court trying the same, and one-half of such fine shall go to any person who shali report the violation of this law.

Section 9 was adopted as amended. Sections 10, 11, 12 and 13 were respectively read and adopted without amendment. Section 14 was read and amended by adding the following at the close of the same, to-wit : The words "the true and full market value" used in said oath, are hereby declared to mean such an amount as the .property would bring at a private sale for cash.

WEDNESDAY, DECEMBER 6, 1882.

293

Section 14: was adopted as amended. Section 15 was adopted without amendment. Mr. Baker offered the following as an additional section, to be added before the repealing clause, to-~it:
Be it further enacted by the authority aforesaid, That
each and every non-resident corporation or associatiou of individuals engaged in the business of loaning money on real estate, either through agents or by themselves, shall pay a tax of fifty dollars per annum in each and every county where such business is carried on.

After discussion, the previous question was called for and sustained.
The main question was put, to-wit: the question of adopting the proposed additional section.
On this Mr. DeWolf required the ayes and nays to be recorded.
Those who voted in the affirmative, are Messrs. :

Baker,
DuBignon,
George,

Mandeville,
Martin, McDonald,

Parker, Wilcox.

Those who voted in the negative, are Messrs.:

Beall,
Bush, Davis,
DeWolf, Eakes, Foster, Greer,
Gustin,
Harris, Hoyt,

Hughes,
.TouPs, Lamar, l,ivingston,
McAfee, Meldrim, Morgan, Neal, Norman,
Oliver,

Paull, Peeples, Pike,
Pol hill, Rouse, Smith,
Tatum, Walker,
Yow.

There are ayes, 8 ; there are nays, 29 ; so the same was not adopted.
Mr. Peeples proposed the following as an additional section, to be inserted before the repealing clause, to-wit:
Upon each and every mercantile or commercial agency, or company engaged in the business of collecting and re-

294

JoURNAL OF THE SENATE.

porting upon the financial standing of parties, one hundred dollars per annum for each and every office of such agency or company in this State.
The same was not adopted. Section 16 was adopted without amendment. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by constitutional majority, there being ayes, 33; nays, 1. The Senate took up the report of the Committee on Corporations, the bill of the House to amend an Act to provide for the registration of voters to vote at municipal elections in the city of Savannah; to fix, regulate and determine the time, place and manner in which such elections ihall be held; to prescribe the qualifications of voters at all such elections, and to provide suitable penalties for all violations thereof, approved September 29th, 1881, by changing and adding to the qualifications of voters, as prescribed in section one of said Act, by altering and amending the method, manner and time of selecting the members of the Board of Registration and Election Managers in said city, as prescribed in said Act, by the addition of certain provisions concerning the custody and keeping of the books of registration, as therein provided for, and for other purposes. Mr. Meldrim presented to the Senate the required proofs that due notice had been published of intention to apply for the passage of this bill. The report, which was favorable, was agreed to. The bill was read the third time and passed, as amended, by constitutional majority, there being ll.yes, 30; nays, 0. The Senate adjourned, on. motion, until 10 o'clock A. M. to-morrow.

THURSDAY, DECEMBER 7, 1882.

29.5

SENATE CHAMBER, ATLANTA, GEORGIA, l THURSDAY, December 7th, 1882, 10 o'clock, A.M. f

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered bj the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :

Baker,
Beall, Bush, Davis, DeWolf, DuBignon, Eakes, Foster,
Frederick,
George, Gustin, Guyton, Harris, Hoyt,

Hughes, Jones,
Lamar, Livings.on,
:Mandeville, Martin, McAfee, i\IcDonald, Meldrim, Morgan, Neal, Norman, Oliver, Parker,

Parks,
Paull, Peeples, Pike, Pulhill, Rouse, Smith, Tatum, Thompson, Tutt, Walker, Wilcox, Yow,
MR. PRESIDENT.

On motion of Mr. Walker, chairman of the Committee on Journals, the reading of the Journal of yesterday was omitted, he reporting to the Senate the thorough examina~ tion of said Journal by the said committee, and the fact of its accuracy. The examination by the committee was substituted for the customary leading of the J onrnal before the Senate.
On motion of Mr. DuBignon, leave of absence for the remainder of the session, was granted to Mr. Norman, to enable him to accompany to his home the Representative from Colquitt county, who is severely indisposed.
On motion of Mr. DnBignon, the special order was discharged, to-wit:
A bill to abolish the Agricultural Department of the State of Georgia, and for other purposes.
Mr. Gustin, chairman of the Special Judiciary Committee, submits the following report :

296

JOURNAL OF THE SENATE.

Mr. President:
The committee have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to authorize the Trustees of LeVert Female College, at Talbotton, to transfer the le~al title to the college buildings and grounds, etc., to the Mayor and Council of the town of Talbotton, to be used for educational purposes.
A bill to exempt from jury duty certain members of the Macon volunteers.
A bill to prohibit the sale of liquors in Clayton county, after submitting the same to the voters of said county, and for other purposes.
A bill to authorize the Mayor and Council of Eatonton to establish and maintain a public school by taxation, and for other purposes.
A bill to amend an Act to incorporate South Side Street Railroad Company of Atlanta, Ga., approved September 30th, 1881, so as to authorize said street railroad company to use other lines than those mentioned in said original Act, and to extend the same.
A bill to prohibit the sale of spirituous liquors in the county of Randolph, except as specified in said bill.
Also, a bill to amend an Act to incorporate the town of Perry, in Houston county, and to extend the limits of the same, and to repeal an Act to incorporate said town of Perry, to define the authority of the Commissioners of the same, passed December 28th, 1828, and to repeal an Act to amend the Charter of the city of Albany so far as to give the election of Marshal to the voters of said city, approved December 22d, 1857, and for other purposes, approved December 12th, 1~59, so as to give authority to the Mayor and Aldermen of said town of Perry to regulate the purchase, sale, and storage of cotton in said town, and for other purposes.
The committee have had under consideration: A resolution to empower the President of the Senate

THURSDAY, DECEMBER 7, 1882.

297

and Speaker of the House to sign bills and n;solutions after adjournment, which they recommend be adopted.
The committee have also had under consideration the following bill, which they recommend do not pass, to-wit :
A bill to authorize and empower the Board of Roads and Revenues of Taylor county to let the building of public bridges in ~;aid county without requiring from the builder or contractor bond and security therefor.
Respectfully submitted, G. W. GusTIN, Chairman.

Mr. Jones, chairman of the Committee on Banks, submitted the following report :

.Mr. P'resident:
The committee have had under consideration the following bill of the House, which they recommend do pass:
A bill to be entitled an Act to amend the charter of the Bank of Augusta, to authorize a reduction of the capital stock of said bank, to give to said bank a lien upon the stock of its shareholders in certain cases, to clearly define the powers of authority of t1aid corporation; and for other purposes. Respectfully submitted,
T. R. JONEs, Chairman.

Mr. McDonald, chairman of the Committee on Temper ance, submits the following report:

.Mr. President:
Your c0mmittee have had under consideration the following bills :
A bill to fix the amount of license five thousand dollars for selling or vending spirituous liquors in the county of Bryan, and recommend that the same do pass.
Also, a bill to submit to the voters of Terrell the question of granting license to se~l spirituous liquors in said county, and recommend that the same do pass.

298

JOURNAL OF THE SENATE.

Also, a bill to fix the amount of license for selling spirituous or malt liquors in the county of Oolumbia, and to prescribe a punishment for the violation of the same, and recommend that the same do pass.
Also, a bill to regulate the sale of spirituous liquors in the county of Henry, and recommend that the sawe do pass.
Also, a bill to prohibit the sale of intoxicating liquors in the county of Warren, and to provide a punishment for the violation of the same, and recommend the same do pasEl.
Also, a bill fixing the license fees in the county of Pierce and town of Blackshear, and for other purposes, with the recommendation that it do pass.
Also, a bill to repeal an Act to fix the license for the re. tailing of spirituous liquors in the county of Washington; and for other purposes, and recommend that the same do pass.
Also a bill to prohibit the sale of intoxicating liquors .in the county of Washington, and for other purposes, with a recommendation that the same do pass.
Also, a bill to prevent the sale of intoxicating liquors within five miles of Damascus church, and for other purposes, with a recommendation that it do pass.
Also, a bill to amend an Act entitled an Act, to authorize the Commissioners of the town of Spring Place to issue license for the retail of liquor, and for other purposes, with a recommendation that the same do pass.
Also a bill to amend an Act fixing the license fee for the selling of spirituous liquors in the county of Clinch, and for other purposes, with a recommendation that the same do pass.
Also, a bill to prohibit the sale of liquors and other intoxicating beverages within - - miles of Rehoboth church in Wilkes county, with the recommendation that the same do pass.
Also a bill to fix the license fee for retailing spirituous

THURSDAY, DECEMBER 7, 1882.

299

liquors in the county of Ware, with a recommendation that the same do pass. Respectfully submitted.
WM. A. McDoNALD, Chairman.

Mr. DuBignon, chairman of the General Judiciary Committee, submitted the following report:

.Mr. President:
The committee have had under cousideration the following House bills, which they recommend do pass, to-wit :
A bill to change the times of holding the Superior Courts in the counties of Fayette and Heard.
A bill to change the time for holding the Superior Courts for the county of Pickens.
A bill to amend an Act fixing the times of holding the Superior Courts of Mitchell county so that one grand jury may serve for both weeks.
Also, a bill to provide for drawing only one grand iury for each term of Meriwether Superior Court and requiring them to serve both weeks.
The committee respectfully recommend that the following bill do pass, as amended, to-wit :
A bill to be entitled an Act that only one grand jury shall be drawn for each term of the Superior Court of Randolph county. Respectfully submitted,
F. G. DuBIGNoN, Chairman.

On motion of Mr. Tatum the rules were suspended for the purpose of reading such House bills a second time as have been reported back favorably to the Senate.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to amend an act to establish a new Charter for the city of Atlanta, approved February 28th, 1874, so as to strike from Section thirty-one so much thereof as authorizes the sale of books, maps, charts and mathematical instruments in said citv, free from tax.

300

JOURNAL OF THE SENATE.

A bill to prohibit and suppress the sale of spirituous liquors, etc., within the limits of Clayton county, etc.
A bill to exempt from jury duty certain members of the Macon volunteers.
A bill to repeal an Act fixing the license for the retail of intoxicating liquors in Washington county at $20,000, in addition to the present restrictiuns on the statute book, etc.
Mr. Baker, chairman of the Committee on Internal Improvements, submitted the following report :

Mr. President :

The Internal Improvement Committee have had under

consideration the following bill of the House, which they

recommend do pass, to-wit:

~

A bill exempting the county of Worth from the opera-

tion of all road laws now in force, which exempt road hands

from being compelle.d to work on roads more than three

miles from their residence. Respectfully submitted,

THos. H. BAKER, Chavrman.

Mr. Davis, chairman of the Committee on the State Libra~y, submitted the following report :
,
Mr. President:
The State Library Committee have had under consideration the following House resolution, which they recommend do pass as amended, to-wit:
A resolution providing for the distribution of the Code of 1882. Respectfully submitted,
PHIL. W. DAVIS, Chairman.

The following message was received from the House of Representatives, through Mr. Hardin, Clerk thereof:

Mr. President : The House has concurred in certain amendments and

THURSSDAY, DECEMBER 7, 1882.

301

non-concurred in certain other amendments of the Senate to a bill entitled a bill making appropriations for the executive, legislative and judicial expenses of .the government, and for other purposes herein mentioned, per annum, for the fiscal years 1883 and 1884.
Also, the House has concurred in a certain amendment of the Senate, and concurred in a certain other amendment as amended, to a bill to be entitled an Act to appropriate certain sums of money for the purposes herein specified, to supply a deficiency in the contingent and other funds for the year 1882, and for other purposes.
Mr. Pike, chairman of the Enrolling Committee, sub-
mitted the following report :

Mr. President:
The Committee on Enrollment report as du}y enrolled and ready for the signatures of the President and Secretary of the Senate the following bills, to-wit:
A bill to alter and amend the several Acts incorporating the town of Hawkinsville, Pulaski county, and to grant certain powers and privileges to said town, and for other purposes.
A bill to amend the several Acts incorporating the town of Canton, in the county of Cherokee, to provide for a Mayor and Council, and to prescribe their power and duties, and for other purposes.
Also, the following resolution, to-wit: A resolution requiring the Governor to furnish to the General Assembly th~ reasons why certain convicts were pardoned. Also, the following memorial, to-wit : A memorial to Congress in reference to public buildings at Brunswick, Ga. Respectfully submitted,
W. J. PIKE, Chairman.

Mr. Meldrim, chairman of the Committee on Cvrporations, submitted the following report :

302

JoURNAL OF THE SENATE,

Mr. President:
The Committee on Corporations have had under consid eration the following House bills, to-wit, which they recommend do pass :
A bill to amend the revised Charter of the city of Americus, etc.
Also, a bill to incorponte the town of Salt Springs, in the county of Douglas, etc.
F. W. MELDRIM, Chairman.

Mr. Meldrim, chairman of the Committee on Corporations, submitted the following report, to-wit:

Afr. President :
The Committee on Corporations have had under consideration the following House bill, to-wit:
A bill to incorporate the Metropolitan Street Railroad Company, etc., which they recommend do pass as amended.
F. W. MELDRIM, Oltairman.
The following message was received from the Honse of Representatives, through Mr. Hardin, Clerk thereof:

Mr. President :
The House has concurred in the following resolution from the Senate, to-wit :
A resolution to have continued the snit instituted by the State against the lessees of the Western and Atlantic Railroad Company.
The House has also passed the following House bill, towit:
A bill to authorize the Governor to subscribe in behalf of the State for fourteen hundred copies of the Georgia Form Book, and to appropriate money to pay for the same.

Mr. Meldrim, chairman of the Committee on Corpora tions submitted the following report:

THURSDAY, DECEMBER 7, 1882.

303

Mr. President :
The Committee on Corporations have h~d under consideration the following House. bills, which they recommend do pass, to-wit :
A bill incorporating the town of Sumner. Also, a bill authorizing the municipal authorities of Elberton to issue and sell bonds. Also, a bill incorporating the town of Chipley. Alw, a bill amending an Act extending the limits of the city of Augusta. Also, a bill authorizing the City CouncH of Augusta to exercise police control for certain purposes therein specified. Also, a bill incorporating the town of Clarkston. Also, a bill withdrawing-from within the corporate limits of the village of Summerville the lands of the Augusta Land Company, and for other purposes. Also a bill authQrizing the Mayor and Aldermen of Sa. vannah to construct certain sewers and drains in the streets of Savannah for certain purposes. Respectfully submitted,
P. W. MELDRIM. Chairman.

Mr. Meldrim, chairman of the Committee on Corporations, submitted the following report:
Mr. President:
The Committee on Corporations have had under consideration the following House bill, which they recommend do pass, to-wit:
A bill consolidating, amending and superseding the sev. eral acts incorporating the town of WaJcross.
Respectfully submitted, P. W. MELDRIM, Chairman.

The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof :

304

JoURNAL OF THE SENATE.

Mr. President :
The Honse aas passed the following resolutions, to-wit : A resolution in reference to the examination of the new Code by Joint Committee of the House and Senate. Also, a resolution to appoint a Special Committee from the Honse and Senate to examine the Lunatic Asylum during the recess.

.Mr. Meldrim, chairman of the Committee on Corporations, submitted the following report :

Mr. President:
The Committee on Corporations have had under consid~ eration the following House bills, which they recommend do pass, to-wit:
A bill amending the revised Charter of Americus. Also, a bill amending the Charter of the city of Newnan. Also, a bill amending the Charter of the city of Cuthbert. Also, a bill amending an Act to order an election to determine the sale of ardent spirits in the county of Worth. Respectfully submitted,
P. W. MELDRIM, Chairman.

Mr. Pike, chairman of the Enrolling Committee, submitted the following report :

Mr. President:
The.Committee on Enrollment report as duly enrolled the following resolution, to-wit :
A resolution concerning the discontinuance of the suit instituted by the State against the lessees of the Western & Atlantic J?ailroad Company. Respectfully submitted,
W. J. PIKE, Chairman

THURSDAY, DECEMBER 7, 1882.

305

Mr. Polhill, chairman of the Committee on Finance, submitted the following report:

Mr. PnBident:
The Finance Committee have had under consideration the following House bills, which they recommend do pass, to-wit:
A bill appropriating the sum of ten thousand dollars to the University of Georgia.
Also, a bill crP.ating a Board of Commissioners of Roads and Revenues for the county of DeKalb.
Also, a bill appropriating the proceeas of the hire of c~mvicts convicted of misdemeanors and serving on county chain-gangs from the county of Greene, and for other purposes.
Also, the following resolution of the House, which they recommend do pass, to-wit:
A resolution appointing a committee to procure a lifesize oil painting of Ron. B. H. Hill, and to provide for the payment thereof.
Also, the following Honse resolution, which they recommend do pass.asamended, to-wit':
A re&olution to authorize the printing of the public Acts of the present session. Rr.lspectfully submitted,
J. H. PoLHILL, Chairman.

Mr. DuBignon, chairman of the General Judiciary Committee, made the following report :

.Mr. Pr88ident:
The committee have had under consideration the following bill, which they recommend do pass, to-wit :
A bill to provide for the taking of private property for the erection of light-houses, beacons, etc., in the harbors .of the State of Georgia. Respectfully submitted,
F. G. DuBIGNON, Chai'rTIUJIIl,.
20

306

JOURNAL OF THE SENATE.

Mr. Gustin, chairman of the Committee on Special J u diciary, eubmits the following rep0rt :

Mr. President :
The Special Judiciary Committee have had under consideration the following bill of the Honse, which they recom mend do pass, to-wit :
A bill reducing the bonds of Sheriffs of Jasper county to the sum of five thousand dollars.
Respectfully submitted, G. W. GusTIN, Chairman.

Mr. Meldrim, chairman of the Committee on Corpora sions, made the following report :

Mr. President :
The Committee on Corporations have had under consid eration the following bill, which they recommend do pass, to-wit:
A bill to amend an Act to incorporate the town of Perry, Houston county, and to extend the limits of said town, and for. other purposes therein-mentioned.
The committee have also had under consideration the fot. ]owing bill, which they submit without any recommenda tion, to-wit :
A bill to incorporate the Chattahoochee Navigation Company.
The committee have had under consideration the follow ing bill, which they re!;pectfully recommend be referred to the Committee on the Judiciary, to-wit:
A bill to amend an Act to incorporate the-town of But. ler, in Taylor county, so as to extend the corporate limits of said town, and for other purposes.
Respectfully submitted,
P. W. MELDRIM, Chairman.

Tltl:t.RSDA.Y, D.EtJEMBER 7, 1882.

307

A bill to auth01ize the Trudteeg of LeVert Female College, at Talbotton, Ga., to transfer the legal title to the college building:>, groundg, apparatus, furniture, etc., to the Mayor and Council of said town, for educational purposes.
A hill to amend the Charter of the Bank of Augusta, to authorize a reduction of the capital stock of said hank, to give a lien to said bank on the stock of its shareholders in certain cases, to clearly define the powers and authority of aaid corporation, and for other purposes..
A hill to repeal the first section of an Act to regulate and fix the time of holding elections by the General Assembly, approved. September 28th, 1881.
A biH to change and fix the times of holding the Superior Courts in the co11nties of Fayette and Heard, in the Voweta Judicial Circuit, and for other purposes...
A bill to change the time of holding the Superior Courts '0f the county of Pickens.
A hill to amend section 4875 of the Code of 1873, con-
ferring upon the Mayor and Aldermen of the city of Savannalt power to require the abatement and removal of nuit~ances within the jurisdictional limits of sai.d city.
A bill to amend an Act to iRcorporate tlle South Side Street Railroad Company, etc., and for otller purposes therein mentioned
A bill to amend section 1762 of the Code of 1882, eo that the wife, uroll the payment of the debts of the husband, may take possession of his estate without administration, sue for and recover the same.
A biU to repeal &Il Act to prescribe the methGd of granting license to sell intoxicating liquors iu the town of East~ man, and in the county of Dodge, and fOt" other purposes.
A bill to prohfoit the sale of intoxicating liquors itt W asbington coanty by sahmitting tile question to the qaalitied voters of said con~tty, and f~r other parposes.
A bill to prolt.ibit tlle sale -of intoxicati~g liqaors within three miles of the Methodist clmrcll a.t Rocky Mo1mt, ~eri wethoc c6ant,y,

308

JOURNAL OF THE SENATE.

A bill to authorize the Mayor and Council of Eatonton to establish and maintain in said city a system of public schools, by local taxation.
A bill to prevent the sale of spirituous liquors within five miles of Damascus church, in the 854th district, G. M., Early county, etc.
A bill to amend the Charter of the town of Talbotton, to authorize the Mayor and Council to pay off a certain mortgage against the LeVert Female College, etc., and for other purposes.
A bill to amend an Act fixing the license fees for the sale of spirituous liquors in the county of Pierce, and town of Blackshear, in said county, approved October 20th, 1879, by increasing the amount of such license, and for other purposes.
A bill to fix the amount of license at $5~000 for selling or vending spirituous liquors in the county of Bryan, and for other purposes.
A bill to prohibit the sale and furnishing of spirituous, malt or other intoxicating liquors in the county of Warren, and for other purposes.
A bill to grant to the Floyd Rifles, a volunteer military company of the city of Macon, certain exemptions from jury duty, and for other purposes.
A bill to prohibit the sale of spirituolls liqours in the county of Randolph, in any quantity, except as herein allowed.
A bill to amend the Ch:uter of the city of Macon and the Acts amendatory thereof, and for other purposes therein set forth.
A bill to amend an Act to carry into effect Art. 6, Sec. 7,
Par. 2, of the Constitution of this State, as to appeals in justices' courts, and therefrotr., approved December 16th, li:S78, so as to authorize appeals to juries in justices' courts whether the sum claimed is less than or exceeds fifty dolJars.

THURSDAY, DECEMBER 7, 1882.

309

A bill to incorporate the Metropolitan Street Railroad Company and to define its rights, powero> and privileges, and for other purposes.
A bill to amend the revised Charter of the city of Americus, and to provide for the collection of taxes and other debts that may be due the city.
A bill to submit to the voters of Terrell county the question of granting licen:>e to sell spirituous liquors of any kind and quality, and to provide for an election to be held to determine the s11me, and for other purposes.
A bill to prohibit the sale of intoxicating liquors at Rehoboth church, in Wilk~s county, and within a radius of three miles of said church.
A. bill to regulate the sale of spirituous liquors in the county of Henry, and for other purposes.
A bill to consolidate, amend and supersede the several Acts incorporating the town of Waycross.
A hill to incorporate the towu of Salt Spring~>, in Douglas county.
A bill to amend an Act to fi..x: the license fee for selling spirituous liquors in the county of Clinch, and for other purposes.
A bill to amend the Charter of the town of Perry, in Houston county, and for other purposes
.A. bill to provide for the drawing of only one grand jury for each term of Meriwether Superior Court, and requiring the one drawn to serve both weeks, or so long as the presiding Judge may deem necessary.
A bill to fix the license fee for retailing or vending spirituous liquors in Ware county at ten thousand dollars, and to provide a penalty for the violation :>f the same.
A bill to prohibit the sale of spirituous, vinous, malt or intoxicating liquors within three miles of Bethel church, near Rocky Mount, and for other purposes.
A bill to amend an Act to vest the title to the commons of the city of Columbus in commissioners; to sell the same, and apply the proceeds to certain purposes, etc.

310

JOURNAL OF THE SENATE.

A bill to amend an Act to fix the times for holding the Superior Court for the county of Mitchell, and for other purposes.
A bill to exempt the county of Worth from the operation of all road laws now in force which exempt road hands from being compelled to work on roads more than three miles from their residence.
A bill to provide that one grand jury shall be drawn for uach term of the Superior Court of Randolph county.
A bill to fix the amount of license for aelling intoxicating liquor iu the county of Columbia, and for other purposee.
A bill fixing the lk't'nse for selling intoxicating liquors in Berrien county, and in the town of Alapaha, in said county, and for other purpose<~.
A bill to authorize the municipal authorities of the town of Elberton to is;me bonds of said city, not to exceed in the aggregate twelve thousand dollars, for certain pnrpoi!es therein mentioned.
A bill to amend an Act to authorize the Commissioners of the town of Spring Place, in Murray county, to issue licen~e for the retail of ardent spirits, and for other purposes, approved March 20th, 1869.
A bill to authorize the Mayor and Aldermen of the city of Savannah to lay down and construct in the streets and lanes of said city such sewers or drains as may be necessary, R.nd to assess upon the owners of lots abutting on so much of such street or lane in which sewers or drains may be laid, under this Act, the cost of such improvement, pro r,;,ta to the assessed value of said lots, and to provide for the manner of collecting such assessment.
A bill to amend an Act to extend the limits of the city Augusta; to regulate taxation within said extended limits, and for other purposes.
A bill to amend the revised Charter of the city of Amer. icus.
A bill to withdraw from within the corporate limits of

THURSDAY, DECEMBER 7, 1882.

. 311

the town of Summerville the lands of the Augusta Land

Company, and others lying north of the Washington road,

and for other purposes.

A bill to provide for the taking of land belonging to pri-

vate persons for tLe purpose of erecting light-houses, bea-

cons, or range lights by the General Government, to im-

prove the navigable rivers and harbors of this State.

A bill to appropriate the proceeds of the hire of convicts

convicted of rnildemeanors and serving on county chain-

gangs from the county of Greene, to the payment of insol-

vent coets, doe the different officers of said county.

A bill to incorporate t.he town of Sumner, in Worth

county, and for other purposes.

A bill to create a Board of Commissioners of Roads and

Revenues for the county of DbKalb, to define their powers

and duties, and for other purposes.

A bill to incorporate the town of Cla1kston, in DeKalb

county, and for other pmposes.

A bill to amend an Act to order an election to deter-

mine whether the sale of intoxicating liquors shall be pro-

hibited in the county of Worth, and for other purposes.

A bill to amend the Charter of the city of Cuthbert, in

Randolph county, relative to the license of the sale of in-

toxicating liquors.

A bill to authorize tlte City Council of Augusta to exer-

cise police control over city property at the head of the

Augusta canal and the dam across the Savannah river, and

for other purposes :

A bill to amend the Charter of the city of Newnan.

A bill to incorporc~.te the town of Chipley in the county

of Harris, etc.



A bill to appropriate the sum of ten thousand dollars to

the University of Georgia to complete the rebuilding of

its branch college at Dahlonega, known as the North Geor-

gia Agricultural College, which was destroyed by fire.

A bill to amend the Charter of the city of Cuthbert rel-

ative to licensing the sale of intoxicating liquors therein.

312

JOURNAL OF THE SENATE.

A bill to incorporate the Chattahoochee Navigation Company. This bill wa8, on motion, rec.,mmitted to the Committee on Corporations.
A bill to reduce the bonds of the Sheriffs of Jasper conn~y to the sum of five thoul'land dollars.
The following resolutions of the House were read the second time and passed to a third roading, to-wit:
A resolution to appoint a committee to procure a life-size oil painting of Hon. ll. H. Hill, deceased, and provide for the payment thereof.
A Honse rel'olution to empower the President of the Senate and Speaker of the House of Representatives to sign bills and resolutions after adjournment, was taken up and concurred in.
A House resolution in reference to a committee from the Senate and House to examine the new Code, was taken up, read and concurred in.
A House resolution to appoint a special committee from the House and Senate to examine the Lunatic Asylum during the recess, was read and concurred in.
Mr. Baker, under a suspension of the rules, offered a resolution requesting our Senators and Representatives to nse their efforts to secure the passage of what is known as the Regan bill. or some other like measure, to cure certain existing evils complained of in said resolution. The same was read and referred to the Committee on Railroads.
Under a suspension of the rules Mr. Parks offered the following resolution, which was read, agreed to and ordered to be transmitted to the Honse at once, to-wit :

WHEREAs, a joint resolution has been ad9pted by the General Assembly and approved by the Governor providing for a committee of three from the Senate and five from the House to attend the Savannah Sesqui-centennial; and
WHEREAs, it now seems desirable to have a larger repre~>entation on that occasion ; therefore be it

THURSDAY, DECEMBER 7, 1882.

313

Resolved by the Senate and House oj Representatives, That the President of the Senate and the Speaker of the House be authorized to add to the committee such additional members of the two Houses as may be desirable to accomplish this object.

The Senate, on motion, took up the message from the

House of Representatives on the General Appropriation

bill, and insisted upon all the Senate amendments thereto

to which the House refused its concurrence.

'

The Senate, on motion, took up the message from the

House of Representatives on the Supplemental Appropri-

ation bill. The House having concurred in certain amend-

ments of the Senate with amendments to the same, the

Senate, on motion, refused to concur in the same.

On motion of lfr. Parks it was ordered that the two Ap-

propriation bills just mention6ld be immediately transmitted

to the House with the action of the Senate thereon.

A bill of the Honse to amend the charter of the town

of Butler, in Taylor county was read the second time, and,

on motion, recommitted to the Committee on the Judiciary.

The Senate took up a resolution of the House providing

for the distribution of the Code of 1882 to the several

officers and institutions entitled to the same, as declared

therein.

The Committee on the State Library, to whom the same

wail referred, reported in favor of concurrence therein with

the following amendment, to-wit:

Add at the end of the 1st Section after the words ''Gen-

eral Assembly" the following, to-wit :

Be it further resolved, That for the purpose of carrying this resolution into effect, the Governor is authorized to draw his warrant for a sufficient sum to purchase any additional copies of the Code of 1882 which may be needed over the number purchased by authority of the resolution of the General As.,embly of 1880-1881.

314

JOURNAL OF THE SENATE.

Provided, That the price to be paid shall not exceed the sum of six dollars per volume, and that the bindiug shall be law-c1.lf.

On this amendment the ayes and nays were recorded as a requirement of the Constitution :
Those who voted in. the affirmative are, Messrs.:

Baker, HUsh, Davis,
DeWolf, DuBignon, Eakes. Foster,
Frederick,

Greer, Gustin, Guvton, Hoyt, L'lmar, l\lartin
McAfee,
J.lcDon~old,

Neal, Oliver, Parks, Rouse,
Tatum, Thompson, Tutt, Wilcox, Yow.

There are ayes, 25. There are nays, 0; so the amendment was agreed to.
The resolution was fnrther amended on motion of Mr. DnBignon as follows :

Provided, That said Codes shall not be deli\ered until such omissions as may be reported shall have been inserted in said Codes.

The resolution, as amended, was concurred in. On motion of Mr. Parks, leave of absence was granted Mr. Bush for the remainder of the session on account of bickness in his family. On motion of Mr. DuBignon, leave of absence was granted Mr. Tutt for the balance of the session. On motion of Mr. McDonald, leave of ab!lence was granted Mr. Harris for the remainder of the session on account of sickness in his family. By resolution of Mr. Lamar, properly approved, Major W. F. Slaton, Superintendent of the Public Schools of Atlanta, was invited to a seat in the Senate. By resolution of Mr. Baker, the Ron. T. J. Lyon was

THURSDAY, DECEMBER 7, 1882.

315

invited to a seat in the Senate, said resolution being properly approved.
The Senate, on motion, went into executive session, and after some time spent therein, returned to open session.
On. motion of Mr. Livingston, the rules were suspended, when the Senate took up the report of the Committee on Finance on the bill of the House to provide for the sale of certoin bonds of the United States, now in the treasury, the property of the State, and to designate the manner of diehorsing the proceeds thereof.
The report, which was favorable, was agreed to. The bill was read the third time, and on the question of its passage the ayes and nays were ordered to be recorded. Those who voted in the affirmative are, Messrs.:

Baker, Bush,
Davis, DeWolf, Eakes,
Fo!'ter. Frederick, George, Greer, Gustin, Guyton,
Hughes,

Jones,
Livingston,
Mandeville, Martin, McAfee, McDonald,
Meldrim,
Morgan, Nel\1,
Oliver, Parker,

Parks, Paull,
Peepl~s,
Pike,
Pol bill, Rouse, Tatum, Thompson,
Walker.
Wilcox. Yow.

There are ayes, 34; there are nays, 0 ; so the bill was passed by constitutional majority.
The Senate, on motion, adjourned until 3 o'clock P. M.

SENA'rE CHAMBER, 3 o'clock P.M.
The Senate met pursuant to adjournment, the President in the chair.
On motion of Mr. Baker, the Senate took a recess subject to the call of the President.
After a short recess the Senate was cr..lled to order by the President.

316

JOURNAL OF THE SENATE,

The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House h:;,s receeded from its disagreement to the Senate amendments and concurred in the same to a bill making appropriations for the executive, legislative and judicial expenses of the Government for the fiscal years 1883 and 1884.

On motion of Mr. Baker, the Senate took up the report of the Committee on Internal Improvements on a resolution to appoint a joint committee to investigate and report in regard to road laws.
The report, which was favorable, was agreed to. The bill was read the third time and agreed to. The bill of the Honse to authorize the Governor to subscribe in behalf of the State for fourteen hundred copies of the Georgia Form Book, and to appropriate money to pay for the same, was read the first time and referred to the Committee on Finance. On motion of Mr. DuBignon, the Senate reconsidered, by a unanimous vote, the resolution adopted this day providing for the distribution of the Code of 1882 to the several officers and institutions entitled to the same, as declared therein. The resolution being a joint resolution from the House appropriating money, was passed on its second reading in the Senate, whereas the Constitution requires that it shall be read three times before it can become a law. Mr. Parks, chairman of the Committee on Education submitted the following report:

Nr. President :
The Committee on Education have had under consideration the following bills of the Senate, which they recommend do pass, to-wit :

TBUltSDAY, DECEMBE:lt 7, 1882.

317

A bill establishing a branch Agricultural College at Waycross.
Also, a bill of the Senate to establish a branch of the State University at Walthourville, which they recommend be referred to the Committee on the Judiciary.
Respectfully submitted,
J. G. PARKS, Chairman.

By resolution of Mr. Martin, properly approved, the Ron. Frank Clark, of Newnan, was invited to a seat in the Senate.
Mr. Livingston, chairman of the Committee on Agriculture, submitted the following report:

.Mr. President:
The Committee on Agriculture have had under consider. ation the following Honse bill, which they recommend do pass, to-wit :
A bill extending the time of returning wild lands for taxation in this State, and for the payment of taxes thereon for the year 1882, and for other purposes.
Respectfully submitted, L. F. LIVINGSTON, Chairman.

The President announced the followin~ committees, appointed under resolutions to serve during the recess, to-wit:
To visit and examine the A<'.ademy for the Deaf and Dumb, Mr. Bush.
On the purchase of an oil painting of the Ron. Benj. H. Hill, deceased, Mr. Hughes.
To visit the Lunatic Asylum, Mesers. Gustin, P,mll and Yow.
To represent the State at the Sesqui-Centennial, at Savannah, Messrs. Jones, Parks, Smith, Tutt, Peeples, DuBignun, Polhill, George, Hoyt, McAfee, Thompson, Mandeville, Greer, Wilcox, Oliver, Walker, and H. H. Cabaniss, as Secretary of the Committ~e.

S18

.1OURN.A.t OT 'l'tllt Ste1Utll!.

On motion of Mr. Harris, lt:ave of absence was granted :Mr. Thompson from to-morrow 1~ o'clock M. for the balanceof the session.
Leave of absence was granted :Mr. Walker untillO o'clock to-morrow to enable him to meet engagements with com ntittees.
Mr. Peeples, chairman of the Committee on the Peniten tiary, submitted the following general report:
Mr. President .
Your committee on entering upon an ln~estigation of the Penitentiary of the State, determined that it would be better to unite with the committee of the Honse of Repre sentatives in making the investigations, in order that our reports and recommendations might be uniform.
For the purpose of visiting the twelve camps in which the convicts are now worked, and properly inspecting the condition of the prisoners, the general committee was divided into five sub-committees, and through these several committees the camps of the lessees have been visited j and as far ll8 possible, in the limited time allowed, investigated the sanitary condition of each camp, the general regulations nuder which the convicts are worked, the time and charac ter of the work, the quantity and quality of the rations furnished, the punishment inflicted, the hospital accommo datione and medical attention to the sick.
The camp at Dade Coal Mines, under control of Com pany No. 1, was found to be in a healthy condition, pro~ vided with comfortable quarters, abundant supply of fresh water for all purposee, good hospital accommodations, and prompt medical attention. Punishment is only inflicted by properly authorized persons, the treatment is humane, and the general appearance of the convicts show that they are properly treated. They are well clothed and furnished with the regulation so pply of wholesome provisions. Your committee take pleasure in commending the management of the lessees of this branch of the Penitentiary.

Tttt1:ltS!JAY, D1!lCEMBER 7, 1882.

319

The convicts under control of Company No.2 are divided; part of said convicts are worked in the county of Dongh erty, part. in Dodge, and the remainder in Fulton county. The quarters provided are well constructed for ventilation, cleanline88 and comfort. An ample sttpply of fresh vegetables rai,ed on the farm is furnished, and there are no complaints among the convicts as to the quantity or quality of the rations supplied. We take especial pleasure in commending the hospital accommodations provided for the sick, and the care with which they are treated. The cloth ing seems ample, and punishment is only inflicted bJ. prop erly authoriged persons. At all of these camps the women are kept separate from the men, and the work required of females is such as is suitable for them to do, except at Dubois, in Dodge county, at1d we call the attention of the Principal Keeper to this subject.
The camps of Company No. 3 ate in Jefferson, Ofl:le thorpe, Fulton and Paulding counties. The committee report ihem well located, amply provided with comfortable quarter..., good clothing, well arranged hospitals, and the general regulations for the government of the institution fully complied with.
In reference to the camps at Cedartown, and on the Ma. rietta and North Georgia Railroad, certain charges and complaints have been made, which the committee have bot had time to fully investigate ; we therefore ask further time to report upon the condition of thel!e camps and the management of the companies.
It is with satisfaction we note the improvement in the condition and management of the convicts of the State as compared with their condition two years ago, and the con trast is still more marked when compared with previous years. There is still, however, room for further improve. ment.
We finq in some camps parties convicted of misdemean. ors confined in the Penitentiary performing tho same work

320

JoURNAL Ol' THE SENATE.

and subject to the same rules as long term convicts. This we deem in violation of law, and contrary to enlightened public policy, as it associates those guilty of slight misde meanors with degraded and vicious felons, which tends to degrade them and make them adepts in crime, and defeats one of the most important objects of punishment, that of the reformation of the prisoners.
We find a general complaint among the convicts that they are not supplied with a sufficient quantity of tobacco; while there may be no law requiring them to be so furnished, we deam it a hardship upon those addicted to its use to be deprived of it. And we recommend that a reasonable quantity should be allowed, and that the weekly amount be fixed by general regulations, issued under the authority of the Governor.
We further recommend that each convict who desires it, be furnished by the lessees with a sub~tantially bound copy of the llible.
We find that in some of the camps the prisoners are required to sleep in the same clothing worn during the day, no matter what may be the character of the work required or the condition of the weather, and they are frequently wet and very dirty ; and we recommend that the lessees be required to fumish each convict with an extra suit to be used at night.
We present herewith a list of convicts confined in the Penitentiary which the authorities in charge recommend as deserving of Exo;lcutive clemency. We cheedully concur in the recommendation, and request his Excellency the Governor to grant each of them a pardon.
We further recommend that his Excellency the Governor, send to the camps of the Marietta and North Georgia Railroad, and at Cedartown, a committee to be composed of the Principal and Assistant Keepers of the Penitentia1y and the physician, with instruction to fully iuvastigate the management, condition of convicts, and to hear and inves-

FRibAY, DECEMBER 8, 1882.

321

tigate all complaiQts made, and report the result of said investigation to the Governo~ for- his information.

Your committee present herewith a resolution which

they ask to be adopted.

T. M. PEEPLEs, Ohairman.

The resolution reported by the committee ia as follows :

Re~olved, That the Secretary.of the Senate be directed to furnish Hit~ Excellency the Governor, and the Principal Keeper of the Penitentiary, with copies of the general report of the Committee on the Penitentiary, made at this seSBion.

The foregoing report, including the accompanying reso-

lution, w~, on motion,. adopted.

The Senate, on motion, adjourned until 9 o'clock A. M.

to-morrow.



SENATE CHAMBER, ATLANTA, GEORGIA, }
FRIDAY, December 8th, 1~82, 9 o'clock, A. M.
The Senate met pursnant to adjournment, the President in the chair.
Prayer was offered by the Rev. Jo.hn Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names, Messrs. :

Baker, Beall, Bush, Dllvis, DeWolf, DuBignon, Eakes, Foster, Frederick, tJeorge, Greer,. Gustin, Guyton,
21

Hoyt, Hughes, Jones, Lamar, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal,
Oliver, Pllrker,

Parks, Paull, Peeples, Pike, Polhill Rouse, Smit,h, Tatum, Walker, Wilcox, Yow,
MR. PRESIDENT.

322

JOURNAL OF THE SENAd.

On motion of Mr. Walker, chairman of the Committee
on Journals, the reading of the So1,1rnal of yesterday's proceedings was dispensed with, he having with the committee examined the same and found it correct.
By resolution of Mr. Parker, properly approved, Col. H. H. Jones, of Macon, was tendered a seat in the Senate.
On motion of Mr. Baker, leave of absence was granted Mr. Livingston on account of sickness.
Mr. Harris waa announced as a member of the SesquiCentennial Committee.
The Senate took up the report of the Committee on Corporations on the bill of the House to authorize and empower the municipal authorities of the .,town of Elberton to issue bonds of said town, to redeem outstanding 'Ponds of said town, etc., and for other purposes.
Mr. Davis submitted the required notice of publication. The report which was favorable was agreed to. The bill was read the third time and passed by constitutional majority, there being ayes, 23, nays, 0. The Senate took up the report of the Committee on Temperance on the bill of the House fixing the license fees for the sale of intoxicating liquors in the county of Berrien and the town of Alapaha in said county, and to appropriate the money arising from said license fees to educational purposet\ in said county. Due proof of publication was submitted. On motion of Mr. Gustin the bill was laid on the tdble. The Senate took up the report of the Committee on Corporations on the bill of the House entitled the Metropoli- . tan Street Rail Road Company, to define its right>1, powers, etc.
Due proof of legal notice was submitted by Mt. Hoyt.
On motion of Mr. Baker the same was laid on the table. The Senate took up the report of the Committee on Corporations on the bill of the House to extend the time for returning wild lands for taxation in this State, and for the

FRIDAY, DECEMBER 8, 1882.

323

payment of taxes thereon for the year 1882, and for other

purposes.

The report which was favorable was agreed to.

The bill was read the third time and passed by a consti-

tutional majority, there being ayes, 25, nays, 0.

Mr. Baker moved to reconsider the House bill to incor-

porate the .Metropolitan Street Railroad Company, and to

define its rights, powers, etc.

The motion to reconsider prevailed.
The Senate took up the report of the J ndiciary Commit-

lee on the bill of the House to so amend Section second of

an Act to fix the timea for holding the Superior Courts for

the county of Mitchell, and provide for two weeks for

each term instead of one as now provided, approved September 24th, 1881, as to provide that one grand jury

shall be drawn and summoned to serve for both weeks of

said terms.

Thereport which was favorable was agreed to.

The bill was read the third time and passed by a consti-

tutional majority, there being ayes, 24, nays, 0.

The Senate took up the report of the Finance Commit

tee on the joint resolution of the House to authorize the

printing of the public laws of this present session.

The committee reported in favor of its passage with

amandment.

The report was adopted.

The resolution as amended was submitted to the Senate,

and on the question of concurring in the same the ayes

anc;l nays were recorded.

Those who voted in the affirmative are, Messrs:.

Baker, Beall, Bush,
Davis,
DeWolf, DuBignon, Eakes, Frederick, George, Gustin,

Guyton, Hughes, Martin, McAfee,
McDonald, Morgan,
Neal, Oliver, Parker,
Parks,

Paull, Peeples, Polhill, Rouse, Tatum, Thompson, Walker, Wilcox, Yow.
MB. PRESIDENT.

324

JOURNAL OF THE SENATE.

There are ayes, 29, nays, 0. So the resolution, as amended, was concurred in. The Senate took up the report of the Finance Committee on the bill of the House to appropriate the sum of ten thousand dollars to the University of Georgia, to compl"Jte the rebuilding of its branch college at Dahlonega, known as the North Georgia Agricultural College, which was destroyed by fire. The report which was favorable was agreed to. The bill was read the thhd time, and on the question of its passage the ayes and nays were recorded. Those who voted in the affirmative are, Me;;srs.:

Baker, Bush,
Davis, DeWolf, DuBignon, E11kes, Frederick,
George,
Greer, Gustin,

Guyton, Hoyt,
Hugbes,
Livingston, McAfee, McDonald, Morgan, Neal, Oliver, Parks,

Peeplel!, Pike, Polbill, Rouse, Smith, Thompson,
Walker. Wilcox,
Yow,
MR. PRESIDENT

Those who voted in the negative are, Messrs.:

Beall,
Jones,

Martin, Parker,

Tatum.

There are ayes, 29, there are nays, 5.
So the bill was passed, as amended, by a constitutional majority.
The Senate took up the report of the Committee on the Judiciary on the bill of the House to authorize the Mayor and City Council of Eatonton to establish and maintain public schools in said city by local taxation, and for other purposes.
Proof of due legal notice by publication was submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 23, nays, 0.

FRIDAY, DECEMBER 8, 1882.

325

The Senate took op the report of the Committee on Corporations on the bill of the Hoose to incorporate the town of Chipley, in Harris county, and for other purposes.
Proof of the legal notice by publication was submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority, there being ayes, 26, naylll, 0.

The following me8flage was rcceived from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Hr. President :

The Hoose of Representatives has passed the following

bill of the Senate, to-wit :

A bill to change the time of holding the Superior Court

of Macon county from the third Monday in J nne and the

first Monday in December, to the second Monday in May

and the fonrth Monday in November.



Also, a resolution authorizing and directing the J"oint

Committee of the Penitentiary to investigate whether any

of the lessees of the convicts of this State have violated the

terms of their lease, and Sec. 6 of the General Lease Act,

approved February 25th, 1876.

Also, a resolution to require our Senators and Represen-

tatives in Congress to use their influence to establish a mail

route from 1'raders Hill to Willisville.

Also, a resolution requiring our Senators and Represen-

tatives in Congress to use their influence and efforts to pro-

core the passage of an Act aiding the States in a system_.of

general education.

Also, a resolution authorizing the President of the Sen-

ate and Speaker of the Hoose to appoint additional mem-

bers of the committee to the Savannah Sesqui-Centennial,

if desirable.

The House has also receded from its disagreements to

326

JOURNAL OF THE SENATE.

the amendments of the Senate, and concurred in the same, to a bill appropriating certain sums of money to supply a deficiency in the contingent and other funds for the year 1882.
The Senate took up the report of the Committee on Temperance on the bill of the Honse fixing the license fee for the sale of intoxicating liquors, etc., in the county of Pierce, and town of Blackshear, in sa!d county, and for other purposes.
.Proof of due legal publication of notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority; there being ay~s, 30, nays, 0. The Senate took up the report of the J ndiciary Committee on the bill of the Honse to exempt from jury duty certain members of the Macon volunteers. Proof of due legal notice by publication was submitted. The report, which waE~ favorable, was agreed to. The bill was read the third time and passed by constitutional majority; there being ayes, 26, nays, 3. Mr. Pike, chairman of the Committee on Enrollment, submits the followmg report:

:Mr. Pre8ident :
The committee reports the following bills as properly and duly enrolled and ready for the signq,tnres of the President and Secretary of the Senate, to-wit:
An Act to change the time of holding the Superior 0
Court of the county of Crawford, and for other purposes. An Act to prohibit the sale of liquors in the county of
Decatur. An Act to change the time of holding the Superior Court
of Twiggs county. An Act to incorporate Spring Creek Canal Improvement
Company, and for other purposes. An Act to amend Section 874 (b) of the Code of 1882,
in reference to wild Jands.

FRIDAY, DECEMBER 8, 1882.

327

An Act to repeal Section 1278 of the new Code, which provides where electors may vote.
An Act to authorize the Ordinary of Hancock county to submit to the qualified voters of said county the issuance of county bonds to pay for the erection of a new courthouse; and for other purposes.
Also, the following resolutions, to-wit : A resolution in regard to the oontinnance of the snit against the W. & A. R. R. Co. to forfeit the lease. A resolution requesting our Senators and Representatives in Congress to procure the passage of an Act allowing claims for cotton destroyed duriBg the war to be filed, and for other purposes. Also, a resolution in favor of national aid to education in the States. Respectfully submitted,
W. J. PIKE:, Chairman.

The Senate took op the report of the Committtee on the Judiciary on the bill of the Honse to amend an Act to incorporate the South Side Street Railroad Company, for the purpose of building a street railroad on Pdor and Richardson streets, and for other purposes, approved September 30th, 1881, so as to authorize and empower said railroad company to construct, maintain and use other lines of street railroad in addition to those mentioned and provided for in said Act, so as to extend the line contemplated by said Act.
Proof of due legal notice by publication was submitted to the Senate.
The"rep()rt, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority, there being, ayes 30, nays 0. Mr. Beall was announced as one of the committtee on the Sesqui-Oentennial. The Senate took up the report of the Committee on Corporations, on the bill of the House to amend an Act to incorporate the town of Perry, in the county of Houston, and for other purpo3es.



328

JOURNAL OF THE SENATE.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by constitu-

tional majority, there being ayes 27, nays, 0.

The Senate took up the report of the Committee or Cor-

porations, on the bill of the Hoose to amend an Act entitled

an Act to order an election to determine if the sale of in-

toxicating liquors shall be prohibited in the county of Worth,

etc., and for other purposes.

Proof of due legal notice was submitted to the Senate.

The report, which was favorable, was agreed to.

The bill was read the third time, and passed by constitu-

tional majority, there being, ayes 30, nays 0.

The Senate took np the report of the Committ.ee on Cor-

porations, on the bill of the House to consolidate, amend

and supersede the several Acts incorporating the town of

Ws.ycross, in the county of Ware, to repeal conflicting laws,

to provide for a :Mayor and Council, prescribe their duties,

and for other purposes.

The Committee on Corporations recommended its pas-

sage, with certain amendments, which were adopted.

The report of the committee was amended, on motion of

Mr. McDonald, by inserting in the 41st line of the 5th

section, between the words "State and tax'' the word "coun-

ty," so that it will read "State and county tax."

The report, as amended, was agreed to.

The bill was read the third time, and passed as amended,
by constitutional majority, there being, ayes .32, nays o.

Due proof of the required notice by publication was sub-

mitted to the Senate.



:Mr. :Meldrim, chairman of the Committee on Corpora-

tions, submitted the following report, to-\vit :

Mr. Preeident:
The Committtee on Corporations have had under consideration the following House bill, to-wit:
A bill to incorporate the Chattahoochee Navigation Com-



FRIDAY, DECEHBEB 8, 1882.

329

pany, with the recommendation that the same do pass as amended. Respectfully s1,1bmitted,
P. W. MELDiml, Ohairman.

The Senate took up the repo~t of the Committee on Corporations, on the bill of the House to authorize the City Council of Augusta to exercise police control o~er the city property at the head of the Augusta canal and the dam across the Savannah river, and for other purposes.
Due legal proof of notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time, and passed by constitutional majority, ayes 33, nays 0. The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

.Mr. President:
The House of Representatives has concurred in certain amendments of the Senate, and disag-reed to certain other Senate amendments to the following- bill of the House, towit:
A bill to levy and collect a tax for the support of the State government, and for other purposes, for the fiscal years, 1883 and 1884.
The House has concurred in the Senate amendment to the following resolution of the House, to-wit:
A resolution to authorize the printing of the public Acts ot the present session.
Th~ Senate took up the report of the Committee on the State Library, on the resolution of the Houw providing for the distribution of the Code of 1882, to the several officers
0
and institutions entitled to the same, as dec~ared therein.. The committee reported in favor of the same, with an
amendment, which was agreed to. Mr. DuBignon offered an amendment, which was adopted,
and is spread in full on the Journal of yesterday.



330

JOURNAL OF THE SENATE.

On the question of concurring in the same, as amended, he ayes and nays were recorded.
Those who voted in the affirmative are, Messrs.:

Baker, Beall, Bush, DeWolf, DuBignoo, Frederick, George, Greer, Gustin, Guyton,

Hoyt, Hughes, Jones, Lamar, McAfee, McDonald, Meldrim, Morgan, Neal, Other,

Parker, Parks, Paull, Peeples, Polhill, Rouse, Tatum, Walker, Wilcox, Yow, Ms. PBESinENT.

There are ayes 31, nayes 0, so the resolution, as amended, was concurred in.
The Senate took up the report of the Committee on Ternperance on the bill of the House to prohibit the sale of intoxicating, etc., liquors in the county of Washington, etc., and for other purposes.
Proof of due notice by publication was submitted to the Senate.
The report was agreed to. The bill was rl3ad the third time and passed by a constitutional majority, there being ayes, 31, naye, 0. The Senate took up the report of the Committee on Corporations on the bill of the House to authorize the Mayor and Council of Savannah to lay down and construct sewer11 or drains in the streets and lanes of said city when necessary, as therein provided, and for other pnrpoees. Proo~ of due notice by publication was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 32, nays, 0. On motion of Mr. Parks the ~enate took up the resolution of the Senate, which was amended in the House, and refused to concur in said amendment. On motion of Mr. Tatum the Secretary was directed at





FRIDAY, DECEMBER 8, 1882.

331

once to communicate the action of the Senate thereon to

the House of Representatives.

The Senate took up the report of the Judiciary Com-

mittee on the bill of the House to prohibit the sale of

spirituous liquors in the county of Randolph in any quan-

tity except as herein allowed.



The committee reported in favor of its passage.

The report of the committee was amended, on motion of

Mr. Parks, by striking out, in the 25th and 26th lines of

the 2d Section, the following words, viz : "in quantities

not less than one quart."

The report as amended was agreed to.

The bill was read the third time and passed, as amended,

by a constitutional majority, there being ayes 34, nays, '0.

The Senate took up the report of the Committee on

Corporations on the bill of the House to amend the revised

Charter of the city of Am9ricus.

The report, which was favorable, was agreed to..

The bill was read the third time and pa8sed by a constitu-

tional majority, there being ayes, 31, nays, 0

The Senate took np the report of the Committee on In-

ternal Improvement on the bill of the House to amend

Section 4875 of the Code of 1873, conferring certain pow-

ers on the Mayor and Aldermen of the city of Savannah

as to the removal of nuisances.

Due legal proof of the required notice by publication

was submitted to the Senate.

The report, which wits favorable, was agreed to.

The bill was read the third time and passed by a consti-

tutional majority, there being ayes, 32, nays, 0.

The Senate took up the report of the Committee on the

the Judiciary on the bill of the House to provide for the

taking of land belonging to private pereons for the purpose

of erecting light-houses, beacons or range lights by the

general government to improve the navigable rivers and

harbors of this State.





332

JOURNAL OF THE SENATE.

The report, which was favorable, was agreed to.

The bill was read the third time and pasoed by a consti-

tutional majority, there being ayes, 28, nays, 0.

The Senate took up the report of the Judiciary Com-

mittee on the bill of the House to change the time of hold-

ing the Superior Courts of the county of Pickens.

The report which was favorable was agreed to.

The bill was read the third time and passed by a consti-

tutional majority, there hying ayes, 33, nays, 0.

The Senate took up the report of the Committee on Tem-

perance on the bill of the Honse to prohibit the sale of intoxicating liquors at Rehoboth in Wilkes county, and witl~

in a radius of three miles.

:Proof of due legal notice, by publication, was .submitted

to the Senate.



The report, which was favorable, waa agreed to.

The bill was read the third time and passed by a consti-

tutional majority, there being ayes, 33, nays, 0.

The Senate took up the report of the Committee on In-

ternal Improvement on the bill to exempt the county. of

Worth from the operation of all road laws now in force

.which exempt road hands from being compelled to work

on roads more than three miles from their residences.

Proof of due legal notice by publication was submitted

to the Senate.

1'he report, which was favorable, was agreed to.

The bill was read the third time and passed by a consti

tutional majority, there being ayes, 32, nays, 0.

The following message was re~eived from the House of

Representatives, through Mr. Hardin, the Clerk thereof:

Mr. Pre8ident:
The House has agreed to the following resolutions, to-wit: A resolution authorizing the Governor to invite and receive specimens of the a~ricultural, horticultural, mineral and manufactured products of the State to be forwarded to





' FRIDAY, DECEMBER 8,-1882.

333

the Exposition to be held in Boston, Massachusetts, on September 13th, 1883.
Also, a resolnti\)n to appoint a committee from the Honse and Senate to inquire into the expediency of establishing a _school of Technology in this State.
The Honse refuses to pass the following bills of the Senate:
A bill to revise the Superior Court calendar for all the counties comprising the Brunswick Judicial Circuit.
Also, the House recedes from its amendment to the following Senate resolution:
A resolution for taking a recess by the General Assembly on the 8th day of December, 1882, until the 1st Monday in July, 1883.
Mr. Polhill, chairman of the Committee on Finance, sub mitted the following report :

.Mr. Pre8ident :
The Finance Committee have had under consideration the following bill of the House which they recommend do pass, to-wit:
A bill authorizing the Governor to subscribe for fourteen hundred copies of the Georgia Form Book, and appropriate money to pay for the same.
Respectfully submitted, I. H. PoLHILL, Chairman.

The Senate took up the report of the Judiciary Committee on the bill of the House to provide that one grand jury shall be drawn for each term of the Superior Court of Randolph county.
The Judiciary Committee reported in favor of its passsage, with amendments which were agreed to~
The report as amended was agreed to. The bill was read the third time and passed, as amended, by constitutional majority; there being ayes, 28, nays, 0.





334

JOURNAL OT THE SENATE.

The Senate took up th" report of the Committee on Cor. porations on the bill of the House t) incorporate the Chattahoochee Navigation Company.
The committee reported in favor of its passage, with amendments that were agreed to.
The report as amended was agreed to. The bill was read the third time and passed, as amended, by constitutional majority ; there being ayes, 29, nays, 0. On motion of Mr. Polhill the rules were su3pended and the bill of the House to authorize the Governor to subscribe in the behalf of the State for fourteen hundred copies of the Georgia Form Book, and to appropriate money for the !:'arne, was taken up, read tho second time and passed to a third reading. The Senate took up the report of the Committee on Corporations on the bill of the l:louse to amend an Act to extend the limits of the city of Augusta; to regulate taxation within said extended limits, and for other purposes. Proof of due legal notice by publication was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority ; there being ayes, 26, nays, 0. On motion of Mr. Jones Mr. Davis was granted leave of absence after 1 o'clock, P. M., today, for balance of the sea- sion. Mr. Pike, chairman of the Committee on Enrollment submits the following report:

lrlr. President:
The committee reports the following bills as dnly en rolled and ready for the signatures of the President and Secretary of the Senate, to-wit:
An Act to change the time of holding the Superior Court of the county of Macon, and for other purposes.
Respectfully submitted,
W. J. PIKE, Chairman.

FRIDAY, DECEMBER 7, 1882.

On motion of Mr. Tatum leave of absence was granted

Mr. Foster from the hour of 2 o'clock, P. x., this day for

th'e balance of this session.



The Senate took up the report of the Committee on the

J ndiciary on the bill of the. Honse to repeal the first section

of an Act to regulate and fix th.e time of holding elections

by the General Assembly, approved September 28th, 1881.

The committee reported in favor of its 'passage by sub-

stitute.

On motion of Mr. DoBignon the original bill and snbsti.

tote were laid on the table.

The bill of the Honse to incorporate the town of Sumner,

in the county of Worth, and grant certain powers, etc., to

the said town, was taken up, and, on motion of Mr. Rouse,

laid on the table.

On motion of Mr. Peeples the bill of the Honse to create

a Board of Co'mmissioncrs of Roads and Revenues for the

county of DeKalb, was l~id on the table.

The Senate took up the report of the Committee on the

J odiciary on the bill of the House to amend Section 176.2

of the Code ofl882 so that the wife, upon the payment of

the debts of the husband, may take possession of his estate

without administration, sue for and recover the same.

The report, whicn was favorable, was agreed to.

The bill was read the third time and passed by constitu-

tional majority ; there being ayes, 27, nays, 0.

The Senate took up the report of the Committee on Cor

porations on the bill of the Tiouse to withdraw from within

the limits of the village of Summerville the lands of the

Augusta Land Company, and others, lying north of the

W asl.tington road.

The report, which was favorable, was agreed to-.

The bill was read the third time and passed by constitu

tional majority ; there being ayes, 28 , nays, 0.

The following message was received from the House, through Mr. Hardin, the Clerk thereof :

336

JOU1UUL OF THE SENATE.

Mr. President:

The House has agreed to the following resolution, in

which the concurrence of the Senate is asked, to-wit :

A resolution to appoint a committee of three from the

Honse and two from the Senate to wait upf)n His Excel-

lency the Governor, and inform him that the General

A8sembly haq resolved to take a recess from and after to-

day until the first Wednesday in July, 1883.

The Senate took up the report of the Committee on

Temperance on the bill of the House to amend an Act to

authorize the Town Commissioners of the town of Spring

Place, Murray county, to issue license for the retail of ar-

dent spirits, and for other purposes, approved March 20th,

1869.

.

Proof of due legal notice by publication was submitted

to the Senate.

The report, which was fayorable, was agreed to.

The bill was read the third time and passed by constitu-

tional majority, there being ayes 32, nays 0.

The resolution to inform the Governor that the General

Assembly will take a recess from and after to-day until

July, 1883, was, on motion of Mr. Smith, taken up and

concurred in.

Tl;le Senate took up the report of the Committee on Cor-

porations on the bill of the House to amend the reVised

Charter of the city of Americus, and to provide for the

collection of taxes and other debts that may be due the

city.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by constitu~

tional majority, there being ayes 29, nays 0.

The general tax bill wall taken up, the House having re-

ftised to concur in certain amendments of the Senate. The

said amendments were taken up.

On motion of Mr. Tatum, the Senate receded from its

amendment to the second section which imposes on persons

who engage in conveyancing, etc.



FRIDAY, DECEMBER 8, 1882.

337

On motion of Mr. Polhill, the Senate insisted on its

amendment to the said section which relieves the manufac.

turers of oleomargarine from taxation.

On motion of Mr. Parks, the Senate receded from its amendment which struck from section 2 the word "histrionic."

On motion of Mr. Jones, the Senate receded from its

amendment which was in the nature of an additional clause

to paragraph 17 of section 2.

,

The Senate receded from its amendment which struck

the word "seventeen" from the 3d, and also which struck

"seventeen" from the 4th section. The Senate insisted upon its amendment to the 9th sec.
tion, which is in the nature of a substitute therefor.

The Senate receded from its amendment to section 14,

which defined the meaning of the term ''marked value."

On motion, the Secretary was directed to communicate

the action of the Senate on these amendments to the House

without delay.

The Senate took up the report of the Committea on

Finance on the resolution of the Honse to appoint a committee to procure a life-size oil painting of Hon. B. H. Hill, and to provide for the payment thereof.

The report was favorable. The same was agreed to.

The resolution was read the third time, and on the ques-

tion of concurring therein, the ayes and nays were re-

corded.

Those who voted in the affirmative are, Messrs.:

"Baker, DeWglf, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin, Guyton, Hoyt,
22

Hughes, Jones, Lamar, Mandeville, Martin, McAfee, Meldrim, Morgan,
Neal, Parker, P11rks,

Paull,
Peeples, }'ike,
Polhill, Rouse, Smith, Tatum, Walker, Wilcox, Yow, MR. PBEBIDBNT.

338

JOURNAL OF THE SENATE.

There are ayes, 33 ; there are nays, 0 ; so the resolution

was concurred in by a constitntional majority.

The Senate, on motion, took up and concurred in the

joint resolution from the House to authorize the Governor

to invite and receive specimens of the agricultural, horti-

cultural, mineral and manufactured products, etc., of the

State, to forward to the Exposition to be held in Boston,

Mass., in September, 1883.

The Senate took up the report of the Committee on

Temperance on the bill of the Honse to prohibit the sale

of intoxicating liquors within three miles of Bethel Mis

sionary Baptist church, near Rocky Mount, Meriwether

county, and for other purposes.

Proof of due legal notice by publication was submitted

to the Senate.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by constitu-

tional majority, there being ayes 23, nays 0.

The Senate took up the report of the Committee on

Banks on the bill of the House to amend the Ch11.rter of

the Bank of 4-ugusta:, and for other purposes therein set

forth.



Proof of due legal notice by publication was submitted

to the Senate.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by constitu-

tional majority, there being,ayes 25, nays 0.

The Senate took up the report of the Committee on

Finance on the bill of the House to appropriate the pro-

ceeds of the hire of convicts convicted of misdemeanors,

serving on eounty chain-gangs in the county of Greene, to
the. payment of insolvent costs due the officers of said

county.

Proof of doe legal notice by publication was submitted

to the Senate.

The report, which was favorable, was agreed to.

FRIDAY, DECEMBER 8, 1882.

339

The bill was read the third time and .passed by lJ. consti-

tutional majority, there being ayes 29, nays 0.

The Senate took np the report of the Committee on

Military Affairs on the bill of the House to grant the Floyd

Rifles, a volunteer company of Macon, certain exemptions

from jury duty, and for other purposes.

Proof of due legal notice by publication was submitted

to the Senate.

..

The report, which was favorable, was agreed to.

The bill was read the third time and passed by constitu-

tional majority, there being ayes 29, nays 0.

The Senate took up the report of the Judiciary Commit-

tee on the bill of the House to provide for drawing only

one grdnd jury for each term of Meriwether Superior

Court, and for other purpo~.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by constitu-

tional majority, there being ayes 29, nays 0.

The Senate took up the report of the Judiciary Com-

mittee on the bill of the House to reduce the bond of the

Sheriffs of Jasper county, and for other purposes.

Proof of due legal notice of publication was submitted

to the Senate.



The report was &.greed to.

The bill was read the third time and passed by a consti-

tutional majority, ayes, 24, nays, 0.

The Senate took up the report of the Judiciary Com-

mittee on the bill of the House .to change and fix the times of holding the Superior Courts i~ the counties of Fayette

and Heard.

The report was agreed to.

The bill was read the third time and passed by a constitutional majority, ayes, 25, nays, 0.

l'he Senate took up the report o.f the Committee on the

Judiciary on the bill of the Hou(;C to amend and Act to es-

tablish a new Charter for the city of Atlanta, approved

February 25th, 1874, and for other purpose8.



340

JoURNAL OF THE SENATE.

Proof of due le5al notice was submitted to the Senate. The report was agreed to. The bill was read the third time and passed by a constitutional majority, ayes, 29, nays, 0. The Senate took up the report of the Judiciary Committee on the bill of the Honse to amend the Charter of the town of Talbotton, and confer certain powers on the Mayor and Council in relation to LeVert Female College. Due proof was submitted of notice by publication. The report was agreed to. The bill was read the third time and passed by a constitutional majority, ayes, 30, nays, 0. The Senate took up the report of the Committee on the Judiciary on the bill of the House to confer certain powers on the trustees of LeVert Female College, Talbotton, Georgia. Proof of due legal notice was submitted to the Senate. The report was agreed to. The bill was read the third time and passed by constitutional majority, there being ayes, 31, nays, 0. The Senate took up the report of the Judiciary Committee on the bill of the Bouse to amend the Charter of the town of Perry, and for other purposes. Proof of due legal notice was subn1itted to the Senate. The report was agreed to. The bill was read the third time and passed by a constitutional majority, there being ayes, 29, nays, 0. The Senate took up the report of the Judiciary Committee on the bill of the House to prohibit and suppress the 8ale of spirituous or intoxicating liquors in Clayton coun'ty, and for other purposes. Proof of dne legal notice was submitted to the Senate. The report was agreed to. The bill was read the third time and passed by constitutional majority, ayes, 34, nays, 0. The Senate took up the report of the Judiciary Commit-

FRIDAY, DECEMBER 8, 1882.

341

tee on the bill of the House to amend the Charter of the city of Macon, and the Acts amendatory thereof, and for other purposes.
Proof of due legal notice was submitted to the Senate. The report was agreed to. The bill was read the third time and passed by a constitutional majority, aye~;, 33, nays, 0. The Senate took up the report of the Committee on Corporations on the bill of the House to amend the Charter of the city of Cuthbert, in Randolph county, relative to the retail ljcense of spirituous liquors. Proof of due legal notice was submitted to the Senate. The bill was then, on motion, laid on the table. The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Salt Springs in Douglas county.
Proof of due legal notice wa.S submitted to the Senate.
The report was agreed to. The bill was read the third time and passed by a consti tutional majority, ayes, 27, nays, 0. The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Clarkston in DeKalb county, and for other purposes. Proof of due legal notice was submitted to the Senate. The report was agreed to. The bill was J'ead the third time and passed by a constitutional majority, aye~S, 31, nays, 0. The Senate took up the report of the Committee on Corporations on the bill of the House to amend an Act to vest the title to the commons of the city of Columbus in commissioners, and for other purposes, approved February 18th, 1873, and for other purposes. Proof of due legal notice was submitted to the Senate. The report was agreed to. The bill was read the third time and passed by conatitutional majority, ayes, 28, nays, 0.

342

JOURNAL OF THE 8ENA:TE.

The Senate took up the report of the Committee on

Temperance on the bill of the Honse to amend an Act fix.

ing the liquor license for Clinch county, and for other pur-

poses.

Proof of due legal notice was submitted to the Senate.

The report was agreed to.

The bill was read the third time and p:tssed by a consti-

tutional majority, ayes, 29, nays, 0.

The Senate took up the report of the Committee on

Temperance on the bill of the House to prohibit the sale

of spirituous liquors within three miles of the Methodist

church at Rocky Mount, M~l!iwether county.

Proof of due legal notice was submitted to the Senate.

The report was agreed to.

The bill was read the third time and passed by a consti-

tutional majority, ayes, 24, nays, o~

The Senate took up the report of the Committee on

Temperance on the bill of the Honse to fix the amount of

license for selling spirituous liquors in Columbia county,

and for other purposes.

Proof of due legal notice was submitted to the Senate.

The report was agreed to.

The bill was read the third time and passed by a consti-

tutional majority, ayes, 28, nays 0.

The Senate took up the report of the Committee on Tem-

perance on the bill of the House to fix the license fee for

retailing intoxicating liquors in the county of Ware, and

for other purposes.

.

Proof of due legal notice was submitted to the Senate.

The report was agreed to.

The bill was read the third time and paBSed by constitu-

tional majority, ayes, 28 nays, 0.

The Senate took up the report of the Committee on Tem-

perance on the bill of the House to prohibit the sale and

famishing spirituous liquors in the county of Warren, and

for other purposes.

FRIDAY, DECEliBER 8, i882.

343

Proof of due legal notice was submitted to the Senate. The report wa~ agreed to. The bill was read the third time and passed by constitutional majority, ayes, 32, nays, 0. The Senate took up the report of the CommitteA on Temperance on the bill of the Honse to repeal au Act to fix: the retail license for the sale of spirituous liquors in Washington county, and for other purposes. Prvof of due legal notice was submitted to the Senate. The report was agreed to. The bill was read the third time and passed by constitutional majority, ayes, 29, nays, 0. On motion of Mr. Greer so much of the action of the Senate this day as relates to the passage of a bill of the Honse to change the time of holding the Superior Court of Pickens county was reconsidered, an~, on his motion, the reconsidered bill was laid on the table. The following message was received from the Honse of Representatives, through .Mr. Hardin, the Clerk thereof :

Mr. President_.
The Honse of Representatives insists upon its disagreement to the amendment No. 6 of the Senate, and amendment No. 11 of the Senate to the following bill, to-wit :
A bill to levy and collect a tax: for the support of the State Government, and for other purposes, for the years 1883 and 1884 ; and asks for ~ Committee of Oonference, and has appointed as said committee, on the part of the Honse, Messrs_ Humber, Harris and Sinquefield.
Mr. DnBignon offered the following resolution which was taken up, on motion, read and agreed to, tO-wit:
Resolved, That two members of the Committee on Enrollment and the Secretary of the State be authorized to remain at the Capitol three days after the adjournment, for the purpose of bringing up the unfinished business of the Senate.

344

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Temperance on the bill of the Hou;;e to fix the amount of license for selling intoxicating liquors in the county of Bryan, and for other purposes.
Proof of due legal notice was submitted to the Senate. The report was agreed to. The bill was read the third time and passed by constitutional majority, ayes, 27, nays, 0. The Senate took up the report of the Committee on Temperance on the bill to submit to the voters of Terrell county the question of granting license to sell intoxicating liquors in said county, and for other purposes. Proof of due legal notice by publication was submitted to the Senate. The report was agreed to. The bill was read the third time and passed by constitutional majority, ayes, 29, nays, 0. The Senate granted the request of the Honse for a Committee of Conference concerning the disagreement of the two houses on the general tax bill. The Senate took a recess, subject to the call of the President, and, having taken a short recess, was called 'to order. The Senate took up the report of the Committee on Temperance on the bill of the House to repeal an Act to prescribe the method of granting license to sell intoxicating liquors in the town of Eastman, and Dodge county, and for other purposes. Proof of due legal notice was submitted to the Senate. The report was agreed to. The bill was read the third time and passed by constitutional majority, yeas, 24, nays, 0. The Senate took up the report of the Committee on Temperance on the bill of the Honse to prevent the sale of intoxicating liquors within five miles of Damascus church, in the 854th district, G. .M., of Early county, etc., Proof of due legal notice was submitted to the Senate. The report wae agreed to.

FRIDAY, DECEMBER 8, 1882.

345

The bill was read the third time and passed by constitu tional majority, ayes, 25, nays, 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend the Charter of the city of Newnan.
The committee reported in favor of the passage of the bill by substitute, which was adopted.
The report was agreed to. The bill was read the third time and passed by substitute by constitutional maiority, ayes, 25, nays, 0. The Senate took up the report of the Judiciary Committee on the bill of the House to provide for the drawing of only one grand jury for each term of Meriwether Superior. Court, and requiring the one drawn to serve both weeks, or so long as the presiding Judge may deem necessary. The report was agreed to. The bill was read the third time and passed by constitn tional majority, ayes, 24, nays, 0. On motion uf Mr. Hoyt, the Senate took up the bi!l of the House to incorporate the Metropolitan Railroad Company, etc. The same was this day laid on the table after agreeing to the report thereon, as amended, and the reading of the bill the third time. On motion of Mr. Hoyt it was taken from the table and put upon its passage. Pending the vote on the question of its passage the same was laid on the table on motion of Mr. Meldrim. On motion of Mr. Tatum, it was then taken from the table and referred to the Committee on Corporations. The President announced that the Committee on the part of the Senate on the conference in relation to the dieagreement of the two houses on amendments of the Senate to the general tax bill, are Messrs. Parks, Peeples and DuBignon. The Committee to inform the Governor of the approaching recess by the General Assembly are Messrs. Smith and Frederick.

346

JOURNAL OF ~fHE SENATE.

The following communication was received from His Exc~llency the Governor, through Mr. Warren, his Secretary, to-wit:

Mr. President :
I am directed by His Excellency the Governor, to deliver to the Senate a communication in writing with an accompanying document.

The communication referred to in the foregoing message was taken up, on motion of Mr. Jones, and read, and is as follows, to-wit:
ExECUTIVE DEPARTMENT, STATE oF GEORGIA, l ATLANTA, December 8th, 1882. f
To tl~e General Assembly:
In compliance with a joint resolution of the 6th instant, I herewith transmit to your bodies, respectively, a copy of a letter received from Julius L. Brown, attorney for the lessees of the Western & Atlantic Railroad, in the ease now pending in the Superior Court of Fulton county, to which said resolution refers.
From this it will be seen that the counsel for the lessees has given his consent for a continuance of the case, and I have notified him that I consent, on the part of the State. The Attorney-General, I understand, yields a like consent, but aa his name is not embraced in the resolution he deems it unnecessary to give formal expression thereto.
ALEXANDER H. STEPHENS.

[Copy.]
ATLANTA, GA., December 8th, 1882.
Gov. .A~ander H. Stephens, Atlanta, Ga.:
DEAR Sm :-In the matter of the continuance of the suit now pending in Fulton Superior Court to forfeit the franchises of the Western & Atlantic Railroad Vompany, I

FRIDAY, DECEMBER 8, 1882.

347

have to say, that the Western & Atlantic Railroad Company consents that said suit be continued until the Legislature passes upon the resolutions now before it concerning the dismissal of said suit. Yours very respectfully,
JULIUS L. BROWN, Attorney for W: & A. R. R. Oo.

Mr. Meldrim, chairman of the Committee on Corporations, submitted the following report:

.Mr. President:

The Committee on Corporations have had onder consid-

eration the following bill which they recommend do pass

as amended :



A bill to be entitled an Act to incorporate the Metro-

politan Street Railroad Company.

P. W. MELDRIM, Chailrman.

The Senate took up the report of the Committee on Corporations, on the bill of the Hoose to incorporate the .Metropolitan Street Railroad Company, and to define the rights, powers and privileges, and for other purposes.
The committee reported in favor of its passage, with an .amendment, which was adopted.
The bill was read the third time, and passed, as amended, by constitutional majority, there being, ayes 30, noes 0.
On motion of Mr. Jones, the bill was ordered to be transmitted to the Hoose without delay.
Mr. Walker offered the fo1lowing resolution, which was taken up and read :
I
Raolved, That J. T. Taylor, Journal Clerk of the Senate, be authorized to revise the Senate Journals for five days, after adjournment of this session of the General Assembly, at five dollars per day, and that the Treasurer be instructed to pay the Slme on presentation of this resolution.

348

JOURNAL OF THE SENATE,

On the question of ag1eeing to said resolution, the ays and nays were ordered to be recorded.
Those who voted in the affirmative are, Messrs. :

Baker, Beall, Frederick, George, Greer, Gustin, Guyton, Hoyt,

Hughe~,
Mandeville, McAfee, Meldrim, Morgan, Neal, Oliver, Parker,

Paull, Pike, Rouse, Walker, Wilcox, Yow,
MB. PRESIDENT.

There are, ayes 33, there are nays 0, so the resolution was pa!!sed by constitutional majority.
Mr. Walker, chairman of the Uomwittee on Journals, submitted the following report, to-wit ;

.Mr. President :
The Committee on Journals have carefully examined the Journals of the Senate, and it affords us pleasure to report in terms of highet>t praise of the efficient manner, both. as to neatness and correctness of the same.
In concluding our labors for the present session, we ask to commend Jackson T. Taylor, Journalizing Clerk, for the capable and efficient discharge of his onerous duties.
w JAMES P. ALKEB,
Chairman of Committee on Journals.

Mr. Greer offered the following resolution, which was taken up, read and agreed to, to-wit:

W HEBEAS, The Senate has reconsidered its action in passing the bill of the House to change the time of holding the Superior Court of Pickens county; and, whereas, the bill has been prematurely transmitted to the Honse of Representatives,
Resolved, That the Honse of Representatives be respectfully requested to return said bill to the Senate.

The Senate adjourned, on motion, until 7:30 p. m.

FRIDAY, DECEMBER 8, 1882.

349

SENATE CHAMBER, 7:30 o'oLOoK, P. M.
The Senate met pursuant to adjournment, the President in the chair.
Mr. Tatum was announced as a member of the committee on the part of the Senate to visit the Sesqui-Centennial at Savannah.
Mr. Parks, chairman on the part of the Senate of the Conference Committee appointed to consider and report in regard to the points of disagreement between the two houses, made the following report, to-wit:

Mr. Pre8ident :
The Committee of Confe1ence on the part of the Senate and House of Representatives, to whom was referred the Senate amendments to the tax Act, for the year 1883 and 1884, beg leave to submit the following report :
lat. We recommend the adoption of the Senate amendment striking out the special tax of one hundred dollars on the manufacture of oleomargarine, contained in the 16th paragraph of the second section of said Act.
2d. As a substitute for the Senate amendment and the action of the House, as to the tax on sewing-machine companies and wholesale dealers, being embodied in section nine of said Act, we recommend the adoption of the following:
Section 9. Be it further enacted that each sewing machine company, home or foreign, selling or dealing in sewing machines of home or foreign manufacture, by itself or its agents in the State, and all wholesale dealers in sewing machines selling sewing machines of home or foreign manufacture, to other wholesale dealers or retail dealers, shall pay the sum of two hundred dollars ($200) for each fiscal year or fractional part thereof, to the Comptroller-General at the time of commencement of business of each fiscal year or fractional part thereof, and all sewing machines belonging to such companies, dealers or their agents, in pos-

350

JoURNAL 01' THE SENATE.

session of such companies, dealers, their agents, or others,

shall be liable to seizure and sale for such tax.

This tax shall be for the whole State, and such companies,

their general agents, and wholesale dealers, shall not be lia.

hie for any county tax, or license fees by the counties for

selling sewing machines therein. In cases where wholesale

dealP.rs sell sewing machines manufactured by different

companies, such dealers shall pay the tax above provided

for, separately for each company, whose manufacture of

machines may be sold by such dealers. Any person who,

after the first day of April, 1883, shall violate the provis

ions of this section shall be liable to indictment, and on

conviction, shall be find in a sum of not more than two hun-

dred and fifty dollars, nor lesa than fifty dollars, in the dis-

cretion of the Court trying the same, and one half of said

fine shall be paid to any person who may report the viola

tion of the provisions of this section.

All of which is respectfully submitted.

December 8th, 1!:182.

J AI. G. pARKS,

F. T. DuBraNoN,

T. M. PEEPLES,

Committee on the part of the Senate.

c. R. RUMB:Jm,

N. E. HARRIS,

W. M. GoRI>OB,

Commit~ on tM part of the llo~.

Mr. Pike, chairman of tile Committee on Enrollment, submits the following:

Mr. Pre8idtnt

The Committ~e on Enroll~ent report as duly enrolled

and ready for the signature of the President and Secretary

of the Sen,~te, the following A~ts and resolutions, to-wit :

An Act to transfer ~he county of Laurens from the

Oconee Circuit to the Ocmnlgee Judicial Circuit.



FRIDAY, DECEMBER 8, 1882.

351

Also, an Act to change the time of holding the Superior

Courts of the counties of Banb and Franklin, in the West.

ern ,Jndicial Circuit.

Also, an Act to provide how insolvent cost due Justices

and Constables shall.be paid in certain cas.es.

Also, an Act to regulate the sale of formulas, patent or

otherwise, for composting fe;rtilizers, and for other pnrpo

sea.

Also, a resolution to require our Senators and Represen

tatives in Congress, to use their influence to establish a mail

route from Traders' Hill to Willisville.

Also, a resolution authorizing the President of the Sen

ate and Speaker of the Honse of Representatives to ap

point additbnal members of the con:mittee to attend the

Savannah Sesqui-Centennial, if .desirable..



Also, a resolution providing for taking a recess by the

General Assembly, on the eighth day of December, 1882~

until the :first Wednesday in July, 1883..

Also, a resolution authorizing and directing the joint

Committee on the Penitentiary to investigate whether any of

the lessees of the convicts of the State have violated the

terms of their lease.

Also, a resolution requesting our Senators and Represen

tatives in Congress, to use their influence to procure th~

pas~;age of an Act aiding the States in a system of general

education. All of -wh~ch is r~pectfnlly submitted.

. W. J. Pnu, Chairman.

The following message was received from the Honse of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President:
The Honse has passed the following bills of the Senate to-wit:
A bill to be entitled an Act to provide how insolvent cost dna Justices and Constables shall be paid in certai~ cases.

352

JoURNAL OF THE SENATE,

Also, a bill to regulate the sale of formulas, patent or otherwise, for composting fertilizers, and for other pur. poses.
Also, a bill to change the time of holding the Superior Courts of the counties of Banks and Franklin, in the West. ern J ndicial Circuit.
Also, a bill to transfer the county of Laurens from the Oconee to the Ocmulgee Judicial Circuit, and for other purposes.
The Honse has refused to pass the following bill of the Senate, to-wit:
A bill to change the time of holding the Superior Courts of the Northeastern Circuit, and for other purposes.
The House has also adopted the report of the Conference Committee on the general tax Act.

The following message was received from the Houf'e of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has agreed to the following resolution, in which they ask the concurrence of the Senate, to-wit:
A rel'lolntion directing the State Librarian to ship copies of the Code of 1882, and to what officers.

On motion of Mr. Parks, the following resolution of the Honse was taken up, to-wit:
A resolution directing the State Librarian to ship copies of the Code of 1882 to certain officers therein named.
On motion of Mr. DuBignon, the resolution was laid on the table for the present.
Mr. Pike, chairman of the Committee on Enrollment, submitted the following report :

Mr. President: The Committee on Enrollment report as duly enr~lled

FRIDAY, DECEMBER 8, 1882.

353

and ready for the signature of the President and Secretary of the Senate :
A resolution to empower the President of the Senate and Speaker of the House of Representatives to sign bills and resolutions after adjournment.
Respectfully submitted, W. J. PIKE, Chairman.

Mr. Smith, chairman of the Committee on the part of the Senate to wait upon His Excellency the Governor and inform him that the General Assembly is ready to take a recess until the first Wednesday in July next, submitted the following report, to-wit:

Mr. PreBident :

The Governor authorizes the committee to say that he

has no further communication to submit to the Legislature

at this time.

Respectfully submitted,

R. D. SMITH,

J. D. FREDERICK,

Committee on the part of the Senate.

On motion of Mr. Smith, the bill of the Senate to amend Section 1419 of the Code of Georgia, which relates to the manner of obtaining license to retail spirituous liquors, was taken from the table, and, on his motion, recommitted to the Judiciary Committee.
On motion of Mr. Tatum, the bill of the Senate to abolish the Department of Agriculture of the State of Georgia, and for other purposes, was taken from the table, and, on his motion, recommitted to the Committee on Agriculture.
Mr. Meldrim offered the following resolution, which was read and agreed to, to-wit:

ReBolved, That the Senate is ready to adjourn at 10 o'clock P. H. this day, or at an earlier hour, and that the Secretary be instructed to inform the House of that fact.
23

354

JOURNAL OF THE SENATE.

The following message was received from the Honse of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President :
The House has refused to concur in a resolution of the Senate asking the return of a bill changing the time of holding the Superior Court in the county of Pickens.

On motion of Mr. DuBignon, the resolution providing

for the distribution of the Code of 1882, and the persons to

whom~ was taken from the table.



Mr. DnBignon offered to amend the same by substitute,

which was agreed tQ.

The resolution, as amended by substitute, was eoncnrred

in.

Mr. Jones offered the following resolution, which was

read and unanimously adopted, tO-wit:

Re8olved, That the thanks of this body be, and they are herehy, tendered to the Hon. James S. Boynton, President of the Senate, for the able and impartial manner in which he has discharged the duties of the position during the entire session.
Also, the thanks of the Senate to the Ron. Wm. A. Harris, Secretary, and Hon. H. H. Cabaniss, Assistant Secretary, for their efficiency and courtesies during the session.

The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof :

Mr. President :
The House has reconsidered its action in refusing to concur in the resolution requesting the return of the bill changing the time of holding the Superior Court in Pickens county, and have concurred in said resolution, and I am instructed to return the bill herewith.

FRIDAY, DECEMBER 8, 1882.

355

Mr. Peeples offered the following resolution, which was taken up and unanimously agreed to, to-wit:

Re8olved, That the thanks of the Senators are hereby tendered the several railroad managers of the State, for courtesies extended members during the session of the General Assembly.

On motion of Mr. Baker the bill of the House to change the time of holding the Superior Court for Pickens connty was taken from the table.
The report of the Committee on the J ndiciary, which was favorable to the passage of the bill, wa!! agreed to.
The same was, on motion, recommitted to the Judiciary Committee.
Mr. Pike, chairman of the Committe on Enrollment, submitted the following report:

Mr. Pre8ident:
Your Committee on Enrollment reports the following resolutions as duly enrolled and ready for the signature of the President and Secretary of the Senate, to-wit:
An Act to fix the amount of license for selling liquors in Columbia county.
A resolution providing for the examination of the new Code and the printing of the Acts omitted.
An Act to extend the time for returning wild lands for taxation for the year 1882.
An Act to extend the limits of the city of Augusta, and for other purposes.
An Act to appropriate certain snms of money to supply a deficiency in the contingent and other funds, and for other purposes.
An Act to provide for the registration of voters in the city of SavanMh, and for other pnrposes.
A resolution to appoint a special committee to examine the Lunatic Asylnm during recess.

356 .

JOURNAL OF THE SENATE.

An Act to authorize the City Council of Augusta to exercise police control over certain property therein mentioned.
An Act to incorporate the town of Perry in Houston county, and for other purposes.
An Act to amend the revised Charter of the city of Americus.
An Act to amend an Act to establish a new Charter for the City of Atlanta.
An Act to authorize the Mayor and Council of Eatonton to establish and maintain public schools, and for other purposes.
An Act to arpend an Act to incorporate the South Side Street Railroad Company, and for other purposes.
An Act to amend the Charter of Talbotton, and for other purposes therein named.
An Act to incorporate the town of Chipley, in Harris county.
An Act to amend an Act to order an election to determine if the sal~o of spirituous liquor shall be prohibited in the county of Worth.
An Act to amend Section 1762 of the Oode of 1882. An Act to appropriate $10,000 to complete the rebuilding of the North Georgia Agricultural College at Dahlonega. An Act to amend the revised Charter of the city of Americus. An Act to provide for the sale of certain U. S. bonds now in the Treasury. An Act to authorize the town of Elberton to issue bonds for certain purposes. An Act to amend an Act fixing the times of holding the Superior Courts of Mitchell county. An Act to exempt from jury duty certain members of the Macon volunteers.
Respectfully submitted. W. J. Pm:E, Ohairrnan.

FRIDAY, DECEMBER 8, 1882.

357

Mr. DnBignon offered the following resolution, which was taken up, read and unanimously agreed to, to-wit:

Resolved, That the thanks of the Senate are due and are hereby tendered to the Ron. Lemuel J. Alfred and A. J. Cameron for the faithful and courteous discharge of the duties of their respective offices.

Mr. Jones offered the following resolution, which was taken up, read and unanimously agreed to, to-wit:
Resolved, That the thanks of the Senate are due and are hereby tendered to the Ron. Jackson T. Taylor, Journalizing Clerk, for the accuracy and efficiency with which he has discharged the duties of his onerous position.
Also, to the other gentlemen making up the clerical force of the body for their faithfulness and competency.
Mr. Baker offered the following resolution, which was read and unanimously agreed to, to-wit:

Resolved, That the thanks of the Senate be and are hereby tendered to the Rev. John Jones, D. D., Chaplain of the Senate, for the earnest and faithful discharge of his duties, as Chaplain, during the present session.

Mr. Hoyt offered the following resolution, which was read and unanimously agreed to, to-wit :

Resolved, That the thanks of the Senate are hereby tendered the reporters of the press for their uniformly correct reports of the proceedings of this body during the present term.

The following message was received from the House, through Mr. Rardin, the Clerk thereof:
.MT. President :
The House has concurred in the following resolution of the Senate, to-wit:

358

JOURNAL OF THE SENATE,

A resolution to appoint a joint committee to investigate and report in regard to the road laws of this State.

The President announced as the committee under the foregoing resolution, on the part of the Senate, Messrs. Baker, Beall and Greer.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. Prtsident:
The House has concurred in the Senate amendment to the following resf)lution of the House :
A resolution directing the State Librarian to ship copies of Code of 1882, and to what officers.

Mr. Walker offered t'4e following resolution, which was unanimously agreed to, to-wit:

Resolved, That the Senate can conscientiously boast of the most urbane treatment and kind consideration from the Senate pages and porters.

Mr. Pike, chairman of the Committee on Enrollment, submits the following report:

Mr. President :

The committee reports the following resolution as duly

enrolled and rea~y for the signatures of the President and

Secretary of the Senate, to-wit:

A resolution to appoint a joint committee to examine

and make such recommendation concerning the road laws

of this State as they may deem needful, etc. Respectfully

submitted.

W. J. PIKE, Chairman.

The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof :

FRIDAY, DECEMBER 8, 1882.

359

Mr. Pre8ident:

The Honse of Representatives is now ready to take a recess until the first Wednesday in J nly next.
Mr. Pike, chairman of the Committee on Enrollment, makes the following report :

Mr. President:

The committee report the following Acts and rel!olutions as duly enrolled and ready for the signatures of the President and Secretary of the Senate, to-wit :
An Act to prohibit the sale of liquors within three miles of the Methodist church at Rocky Mount, Meriwether county.
An Act to prohibit the sale of liquors within three miles of Bethel Missionary Baptist church, near Rocky Mount, Meriwether county.
An Act to consolidate, amend and supersede the Acts incorporating the town of Waycross, in Ware county.
An Act to amend an Act to incorporate the town of Perry. An Act to provide that one grand jury shall be drawn for each term of the Superior Court of Randolph county. An Act to prohibit the Eale of spirituous liquors in the county of Randolph. An Act to reduce the bonds of Sheriffs of Jasper county to the sum of five thousand dollars. An Act to amend an Act fixing the license fee for the selling of liquors in the county of Clinch at fifteen hundred dollars, by increasing the same. An Act to amend the Charter of the city of Newnan. An Act to prohibit the sale of liquors in the county of Clayton, after submitting the same to the qualified voters thereof. An Act making appropriations for the executive, legislative and judicial expenses, and for other purposes herein mentioned, per annum, for the fiscal years 1883 and 1884.

360

JOURNAL OF THE SENATE.

An Act to regulate the sale of liquors in the county of Henry.
An Act to fix the amount of license at five thousand dollars, for selling or vending liquors in the county of Bryan.
An Act to provide for the drawing of only one grand jury for each term of Meriwether Superior Court.
A resolution authorizing the Governor to invite and receive specimens of the agricultural, horticultural, mineral and manufactured products, and of forestry, of this State, to be forwarded to the Exposition to be held in Boston, September, 1883.
An Act to amend the Charter of the Bank of Augusta. An Act to levy and collect a tax for the support of the State government, for the years 1883 and 1884. An Act to grant the Floyd Rifles certain exemptions from jury duty. An Act to authorize appeals to juries in Justice's Courts, in all civil cases. An Act to appropriate the proceeds of the hire of convicts convicted of misdemeanors, in Green county, to the payment of insolvent costs due the different officers of said county. An Act to incorporate the Chattahoochee Navigation Company. A resolution to appoint a committee to procure a life-size portrait of the Ron. B. H. Hill. An Act to authorize the Trustees of LeVert Female College to transfer the legal title to the college buildings and grounds, apparatus, etc., to the Mayor and Council of Talbotton. An Act to amend the Charter of the city of Macon. An Act to repeal an Act prescribing the method of granting license to sell liquors in the town of Eastman, Dodge county. An Act to submit to the voters of Terrell county the question of granting license to sell spirituous liquors.

FRIDAY, DECEMBER 8, 1882.

361

An Act to amend an Act to vest the title to the commons of the city of Columbus in commiesioners.
An Act to prevent the sale of intoxicating liquors within three miles of the Damascus church, in the 854th District G. M., of the county of Early.
An Act to repeal an Act to fix the license for retailing spirituous liquors in Washington county at $20,000.
An Act to incorporate the Metropolitan Street Railroad Company.
An Act to incorporate the town of Clarkston, in the county of DeKalb.
Als?, an A.ct to prohibit the sale of liquors in the county of Warren.
Respectfully submitted, W. J. PmE, Chairman.

The President laid before tlie Senate the following communication from the Hon. Clifford Anderson, AttorneyGeneral of Georgia :

ATrORNRY-GENERAL's OFFICE, STATE oF GEORGIA, } ATLANTA, GA., December 8th, 1882.
To the Senate of Georgia :
During my absence at Washington City on important business for the State, a resolution passed the Senate requesting the Governor and the Attorney-General to furnish it" such information as they may have in reference to a suit by Jas. L. Mitchell, Emma Blodgett, and others, va. J. N. Nance, tenant in possession, ejectment lately pending in Fulton Superior Court, and what disposition, if any, had been made of it, and by whose authority."
I find that the Governor has already sent to the Senate communications which furnish information as to the nature of the snit or suits inquired about.
Hon. N. J. Hammond was connected with these cases as attorney for the State before I became Attorney-General.
..

362

JOURNAL OF THE SENATE.

Shortly after my first term of office commenced he and I had a full conference in .reference to them, and have conferred from time to time since-the trial of the cases having been delayed partly by Mrs. .Blodgett's ill"health and partly by Col. Hammond's absence in attendance on the sessions of Congress. Last summer we decided to press the trial of these cases during the present fall term of Fulton Superior Court.
Mrs. Blodgett claimed that the property sued for was her trust' property. She admits that her husband, as her trustee, had, with her consent, conveyed the property by deed, duly executed, to Wallace Rhodes and Ephraim Tweedy, bot she claims that this was done to enable RhodEls and Tweedy to become sureties on the bond given by her husband for his appearance at Court to answer a criminal charge, and that she received no consideration, and had no other inducement to make the deed. Col. Hammond, who was the Attorney-General when the property was sold and bought by the State, denied all knowledge of the circumstances under which the deed to Rhodei and Tweedy was made, or that it was executed without consideration, and there was no evidence, so far as either he or I know, to charge the State with notice that the deed was made .for the purpose stated by Mrs. Blodgett.
Again, when the property was levied on by virtue of the fi.fa. in favor of the State against Blodgett and his sureties Mrs. Blodgett interposed a cl~im. Afterwards, however, her attorney, JudgeR. H. Clark, confessed judgment in favor of the State, in pursuance of a letter from her authorizing him to do so. She claimed afterwards that she signed thislett'3r without knowing its contents, at the urgent solicitation of her husband and Mr. Tweedy, who, I believe, was her son-in-law. The State, however, had no noti~e that she was thus induced to sign the letter. The Supreme Comt has more than once decided that although a wife may execute a deed under dur68s, practiced by the

FRIDAY, DECEMBER 8, 1882.

363

husband, a purchaser, without notice of such duress, will get a good title.
There were other questions involved in these cases, but the two I have mentioned were, in the opinion of Col. Hammond and myself, the controlling ones.
It is hardly necessary for me to answer the question, "What disposition, if any, has been made of these cases, and by whose authority," inasmuch as the communication and accompanying papers heretofore sent to the Senate by the Governor show that the cases have all been settled, in obedience to an Executive order made by Governor Colquitt. I did not know of the settlement until about two weeks after it was made. I was then informed by Col. Hammond that the cases had been settled in pursuance of an Executive order sent to him by Governor Colquitt.
It is, perhaps, proper to state that a few days before the commencement of the present session of the General Assembly Col. Hammond had informed me that he had called 'on the then Governor, at the latter's request, and had had some conversation with him relative to the settlement of these cases but that he did not advise the proposed settlement. Col. Hammond further informed me th~<t he told the Governor that, if it was desired, he would see me and . we would unite in an opinion relative to the cases, and that the Governor said i.f he thought it necessary to call for such an opinion he would communicate with him further.
About two weeks after this communication between Col. Hammond and myself I heard, as stated, of the settlement. Col. Hammond then informed me that a day or two after the interview took place between him and the Governor, of which I have spoken, and without any thing further having occurred between them on the subject, an Executive order was brought to him directing the settlement of the cases on the terms therein stated. Very respectfully,
0LIFFORD ANDERSON,
Attorney- General.



364

JOURNAL OF THE SENATE.

Mr. Walker, chairman of the Committee on Journals, reported that he had carefully examined the Journal for this day, and having found it correct and properly kept, he moved that the reading thereof be dispensed with. The motion prevailed by a unanimous vote.
The hour for the recess approaching, the President inquired: "Is there any reason why this Senate should not now be adjourned pursuant to joint resolution?"
No reason in opposition thereto being interposed the President addressed the Senate appropriately, but briefly, and at the conclusion of his address made announcement as follows, to-wit :
"Pursuant to a joint resolution, the Senate is now adjourned, to take a recess until 10 o'clock, A. M., the first Wednesday in July next."



+
INDEX.
ABSENCE- LEAVE OF-Granted to Mess. Guyton, Meldrim & McDonald............... 37 Granted Mr. Smith.......................................................... 48 Granted Messrs. Peeples and Yow.................................... 50 Granted Messrs. Baker, Eakes, George, Tatum and Jones. 50 Grantet Mr. Pike............................................................ 56 Granted Mr. B.lker................................ ......................... 59 Granted Mesdrs. Wilcox and Davis.................................. 89 Granted r.Jr. D..Wolf.................................................;..... 107 Granted Messrs. Tutt, Beall, Guyton, Eakes and Martin ... 117 Gran!ed Hon. Wm. A. Harris, Secretary.......................... 118 Granted Wm. Parks ........................................................ 128 Granted Mr. B'\ker......................................................... 130 Granted 1\-lr. Norman ....................................................... 139 Granted Messrs. Morgan, Bush, Oliver, Neal and Fredrick 148 Granted Messrs. Rouse, Parker and Davis......................... 148 Granted Messrs. Smith and McAfee................................. 151 Granted l\fessrs. Knight, Bu'lh, Polhill and D~Wolf... 157 248 Granted Mr. Paull, (extended) .................................... 158 179 Granted Messrs. Harris, McDonaH and Meldrim .............. 159 Granted certain members of the Committee on Penitentiary.......... ............................................................... 166 Granted Co mitte on the Deaf and Dumb Institute.......... 166 Granted Mr. Foster.......................................................... 335 Uranted :Mr. Morgan ........................................................ 168 Granted ~:[r. Hugbes....................................................... 184 Granted Norman, Walker and Smith .............................. 211 Granted Messrs. Eakes, Guyton, Neal and Beall. .............. 221 Granted Mr. Livingston .......................................', ........... 322 Granted 1\-lr. Greer ......................................................... 267 Granted Messrs. Bush, Tu1t and Harris............................. 314 Granted Messrs. Thompson and Walker........................... 318 Granted Mr. Davis......................................................... 334
ADJOURNMENT-RECESSDeclared ......................................................................... 364
AGRICULTURALMemorial of State Agricultural Society.....................186 to 190


.

366

INDEX.

A bill to establish experimental Farm ..................191 214 245 A bill to abolish the Department of Agriculture......191 192 195
258 263 295 353 AGRICULTURE-DEPARTMENT OF-
Resolution requiring statement of its expenses .................. 206 Requiring c.)mmittee on Agriculture to print 200 copies
of his Quarterly Report ............................................ 206
APPROPRIATIONS-HousE BILLS-
A bill to appropriate money for support of Government 221 228 266 267 313
A bill to appropriate money to meet deficiencies in the general appropriation bill ............................. 227 250 275 313
A bill to appropriate the hire of convicts in Greene county 282 311 338
A bill to appropriate money to rebuild North Georgia Agricultural College.............................................. 282 311 324
A bill authorizing Governor to subscribe and pay for Georgia Form Book . . ... ... ...... ... ... ... ..... ...... ...... ....... . ... 316 334
BANKS-
A bill to amend the Charter of the Bank of Augusta....... 265 307 338
A bill to incorporate the Merchants' and Planters' Bank of West Point.................................................................. 286
BONDS-CoUNTY-
A bill authorizing the Ordinary of Hancock to submit the question of issuing bonds to the voters of that county ..... 217 225 249
BONDS-OFFICIAL-
A bill to reduce the Sheriff's bond of JaspPr county..280 812 339
BONDS-U. S.-
A bill to provide for the sale of U. S. bonds belonging to this State..................................................... .....26b 288 315
.BRIDGES-
A bill authorizing contracts for bridges in Taylor county without requiring security of the contractor................. 280
'CODE-AMENDMENTS OF, ETC.-
A bill to amend Section 1762 of the Code............195 307 835 A bill to amend Section 1456 of the Code......................196 214 A bill to repeal Section 1278 of the Code .................196 214 263 A bill to amend Section 874b of the Uode................ 197 214 263 A bill to amend Section 4875 of the Code of 1873......260 307 331

INDEX.

367

A bill to amend !!action 3033 of the Code..................... 54213 A bill to amend section 142! of the Code......................... 131 A bill to amend section 1419 of the Code............... l49 180 353 A bill to repeal section 6:H to 625 (inclusive) of the
Code..................................................................153 180 264 A bill to amend section 661 of the Code ..................... 163 180 A bill tn 1lmend section 1788 of the Code................:......... 158 A bill to amend section 3910 of the Code ......................... 180 A bill to amend section 250 of the Code.................... 195 241 A bill to amend EJection 4709 (c) of the Code.........214 244 245 A bill to amend section 1936 of the Code......................... 246
COMMITTEES-
To inform President of his election, etc............................ 4 To inform Governor of the organization........................... 9 On Redistricting the State................................... ..... ...... 11 On Enrollment........................ ..... ....... ............... ............ 34 To inform Hon. A. H. Stephens of his election, etc............ 36 On the question of adjourning from the 6th to the 9th
instant....................................................;.................... 41 On Rules for General Assembly in Joint Session ............ 50 51 Of Conference on disagreement of the two hous~s or
Senate amendment to resolution on election of officllrs, etc............................................................. 52 54 55 S:anding Commit~Pes-Announced................................ 57 58 On Temperance-New Standing Committee..................... 60 On obstructions in Savannah river.................................... 50 On the Lunatic Asylum ................................................... 151 On early adjournment ...................................................... 156 To serve during the recess-on various subjects................. 317 Addition to the Sesqui-Centenninl Committee................. 322 Addition to the Sesqui-Centennial CommittPe................. 327 Conference Committee on the General Tax Bill........... 344 345 Committee to inform the Governor of recess..................... 345 Addition to the SeEqui-Centennial Committee................ 349 Committee on Road Laws ................................................ 358
COMMUNICATIONS-
From New England Manufacturers' and Mechanics' Institute.......................................................................... 129
From Hon. Clifford Anderson, Attorney-General.. .... 361 to 363
COMMISSIONERS OF ROADS AND REVENUES-
A bill to create a Board of Roads and Revenues for Terrell county....................................................................... 280

368

INDEX.

A bill to create a Board of Roads and Revenues for Bryan county......................................................................... 281
A bill to create a Board of Road Commissioners for DeKalb county ...................................................... 286 311 335

CONSTITUTION-
A bill to carry into effect Article 6, Section 7, Paragraph 2....................................................................196 30S
CONSTITUTION-AMENDMENTS OF, ETCA bill to strike ther~from the 15 au l 16 paragraphs of section 7, Act 3 as to local bills..................... 128 180 .264 268 269 A bill to amend paragraph 1, section 4, Act 2..................... 149

COURTS-SUPERIOR-
A bill to change the time for holding in the county of Macon ............................................................. 51168 171
A bill to revise the calendar for Brunswick circuit 131 168 1il A bill to change the time fur holding Supreme Court in
the counties of Banks and Fraaklin.................. 173 226 244 A bill to chart~e the time for hollin6 Sllperior Court in
the Northeast Judicial Circuit..................... 173 240 249 250

COVNTY COURT JUDGES AND SOLICITORS-
A bill to allow County Judg s to preside out of tht>ir counties...............................................................196 214 253 264
A bill to provide a Solicitor for the County Court of Oconee county......................................................... ~.US 225 244

COURT8-COUNTY AND CITY.
A bill to amend an Act enlarging jurisdiction of the City Court of Savannah....................................................... 280
A bill to abolish the County Court of Bryan county.......... 281

. COURTS-SUPERIOR-
A bill to change tbe time of holding the Superior Court for Twiggs county ...............................................196 210 216
A bill to change the time for bQiding the Superior Court for Crawford county ...........................................218 240 252
A bill to change the time for holding the Superior Court for Pickens county.................................280 307 332 343 355
A bill to change the time for holding the Superior Courts for Heard and Fayette counties ........................... 281 307 33

INDEX.

369

A bill to fix the time of holding the Superior Courts for Mitchell county................................................281 310 323

EDUCATIONAL.
A bill to declare of force an Act to encourage bequests for education of indigent children ......................149 l!4U 250 251
A bill to e:l'power the Trustees of the State University to lease certain lands..................................................... 159 240
A bill to establish a branch Agricultural College at 'Yaycross............................................................................ 180
A bill to establish a branch of the University of Georgia at Walthourville .......................................................... 180

CRIMES AND MISDEMEANORSA bill to declare betting on elections a crime ...... 157 181 186

ELECTIONS-
President ofSenate-Hon. J. S. Boynton......................... 4 Secretary of the Senate-Ron. W. A. Harris..................... 4 Messenger of Senate-Ron. A. J. Cameron..................... 5 Door-keeper of Senate-Ron. L. J. Alred....................... 5 6 President pro. tem.-Hon. J. M. Polhill...... ............ ...... ... 6 Of Hon. A. H. Stephens, as Governor............................. 3& Of Hon. N.C. Barnett, as Secretary of State................,. 35 Of Hon. Wm. .A, Wright, as Comptroller-General........... 35 Of Hon. D. N. Speer, as Treasurer................................. 35 Of Hon. Clifford Anderson, as Attorney-General.............. 36 Of Associate Justice Snpreme Court-Hon. Sam. I. H11ll. 64
65 66 67 68 69 70 71 72 73 74 75 76 77 Of Judge Superior Court of Southern Circuit--Hon. A. H.
Hansell. .................................................................... 78 79 Of Judge Superior Court of Augusta Circuit-Ron. H. C.
Roney.......................................................................80 82 Of Solicitor-General for Oconee Circuit for unexpired
term-Hon. C. C. Smith ................................:........... 82 83 Of Solicitor-General for Oconee Circuit, full term -Hon.
C. C. Smith ...........................................................83 84. 85 Of Judge for Rome Circuit, unexpired term--Hon. Joel
Branham ..................................................................85 87 Of Judge for Rome Circuit, full term-Hon. Jcel Bran-
bam ......................................................................... 87 89 Of Judge for Flint Circuit, full term-Hon. J. D. Stew-
art............................................................................90 92

370

INDEX.

Of Judge for Macon Ci.cuit, full term-Hon. T. J. Simmons.........................................................................92 94.
Of Judge for Southwestern Circuit, unexpired term-Ron. Allen Fort................................................................. 94 96
Of Judge for Albany CirCIIit, unexpired term--Hon. B. B. Bower...................................................................... 96 114
Of Judge for Eastern Circuit, unexpired term-Hon. A. Pratt Adams............................................................114 116
Of Judge for Western Circuit, full term-Hon. N. L. Hutchins..................................................................119 120
Of Judge fur Brunswick Circuit, full term-Ron. M. L. Mershon .................................................................. l21 122
Of Judge for Ocmulgee CirCIIit, full term-Hon. T Lawson .......................................................................... l22 124

ELECTIONS-
Of Judge Middle Circuit-full term-Hon. R. W. CarRwell .........................................................................124 126
OfJudgePataula.Circuit-full term-Hon.J. T. Clarke...126 128 Of U. S. Senator-unexpired term of Hon. B. H. Hill, de-
ceased .....................................................................136 137 OfU. S. Senator for full term of six years ...................137 139 Of U. S. Senator for unexpired term-Hon. P. Barrow..143 145 Of U. S. Senator for full term-Hon. A. H. Colquitt. ...145 147
A bill to require voters to vote in their own militia dis-
tricts....................................................................... 149 181 Of Judge-N. E. Circuit-full term--Hon. J. B. Estes...162 163 Of ~ol. Gen'l N. E. Circuit-full term-Hon. W. S. Er-
win ..........................................................................l63 165 Of Judge of Atlanta Circuit-unexpired term-Hon. W. R.
Hammond................................................................207 209 A ill to amend the law as to elections by the General
Assembly ........................................................... 196 335 307

EXEMPTIONS-
A bill to grant certain exemptions to Floyd Rifles of Macon, Georgia......................................................261 308 33!l
A bill to exempt certain members of the Macon volunteers from jury duty............................................ 281 301 3:!6
EXECUTiVE SESSIONS.................33 40 53 128 150 195 210 315

INDEX.

371

EXECUTORSA hill to define the duties of Executors............................ 161

FEES OF OFFICERs--
A bill to fix the compensation of Clerks and Sheriffs for extra services........................................................... 142 168
A bill to prescribe the fees of Judges and Bailiffs of County Courts in certain case!'..............................................158 251
A bill to amend the law as to official advertising fees..l58 185 A bill to provide fees for taking testimony in certain
cases........................................................................... __ 218

FINES AND FORFEITURES
A bill to provide for rlisbursement of, in cases transferred from Superior to County Courts..............................51 181

FERTILIZERS-FORMULAS, ETc.A bill to regulate the sale of formulas etc................ 152 172 186
GENERAL ASSEMBLYA bill to change the time for the regular meeting of the General Assembly......................................................... 173

HILI,YER-HoN. GEORGE-

Resignation of as Judge Atlanta Circuit..................... 170 171

\_

Letter fixing date of resignation....................................... 204

INAUGURATIONOf Hon. Alexander H. Stephens..................................... 48

INSURANCE LAWf:I-
A bill to further regulate license of foreign Insurance Companies............................................................................. 195

INVITATIONSTo a meeting at Temperance Hall................................ 53

JOINT SESSIONS-
To open and publish the vote cast at the late general election .................................................................... 33 S4 35

372

INDEX.

To inaugurate the Governor elect................................... 47 48 To elect Justice of Supreme Court, Judges of the Superior
Courts and So1ictors-General................... 63 78 90 108 119 To elect U. S. Senators.............................................133 142 To elect Judge and Solicitor General of the No. E. Cir-
cuit......................................................................152 161 'l'o dect a Judge of Atlanta Circuit.............................. li2 207
JOURNALS OF SENATE-
Reading dispensed with ................... ~............................ 295 Reading dispensed with .................................................... 322 Reading dispensed with................................................. 364

JUDICIAL CIRCUITS-
A bill to change Laurens county from the Oconee to the Ocmulgee Circuit...............................................218 240 250

JURIES-
A bill to provide only one grand jury for each term of Ran-
dolph Sup ricr Court.. ........................................ 280 :no 333
A bill to provide only one grand jury for each term of Meriwether Superior Court. .......................... 281 309 339 345

JUSTICES OF THE PEACE-

A bill to extend the jurisdiction of Justices of the Peace in

.I

Chattahoochee county................................................... 261

LEVERT FEMALE COLLEGE-
A bill authorizing the transfer of title to Levert Female College ............................................................280 307 340

LIGHT HOUSES, ETC.-
A bill to provide fur use of private lands for light houses, et<! ......................................................................2S6 311 331

LIQUOR LAW8-
A bill to prohibit the sale of liquor in Monroe county........ 196 210 216
A bill to prohibit the sale of liquor in Decatur county........ 196 214 263
A bill to repeal the liquor law of the town of Eastman ...... 260
307 344

INDEX.

373

A bill to prohibit the sale of liquor near Rocky Mount, in Meriwether county................................ 261 307 309 338 341
A bill to fix the liquor license in Berrien county ..... 261 310 322 A bill to prohibit th~ sale of liquor in Randolph county.... 279
308 331 A bill to prohibit the sale of iiquor in Clayton county....... 281
300 340 A bill to submit the question of prohibition to the voters
of Terrell county................................................283 309 344 A bill to fix the liquor license for Columbiacounty..283 310 342 A bill to amend the liquor law of Pierce county ......283 308 326 A bill to prohibit the sale of liquor at Rehoboth church,
Wilkes county ...................................................283 309 332 A bill to amend the liquor law of Clinch county ......283 309 342 A bill to amend the liquor Jaw of Henry county...........t83 309 A bill to fix the liquor license of Bryan county ....... 283 308 344 A bill to prohibit the sale of liquor in Watren county........ 283
308 342 A bill to fix the liquor lic~nse for Ware county ......284 309 342 A bill to amend an Act Rubmitting the question of prohi-
bition to the voters of Worth county ..................284 311 328 A bill to prevent sale of liquor near Damascus church, in
Early county....................................................287 308 344 A bill to prescribe liquor license for Spring Place, in Mur.
ray county................................................................287 310 A bill to submit the liquor question to the voters of wash
ington county ..............................................287 307 330 336 A bill to repeal the $20,000 liquor license of Washington
county ...............................................................287 300 343
MEDICINE-PRACTICE OF1 ETC. A bill amendatory of an Act to regulate the practice of medicine .................................................................. 160 A bill to repeal an Act regulating the pr~tctice of medicine in' this State.............................................................. 218 A bill to amend an Act to regulate the practice of medciine in thi!l State............................................................. 248 A bill to exempt practicing physicians from payment of professional tax .......................................................... 248
MESSAGES FROM HOUSE.......... 7 8 11 12 13 41 45 52 53 54 55 107 133 150 154 155
172 193 198 214 219 221 241 241 258 259 260 262 269 to 273 274 285 300 302 303 304 316 325 329 332 333 335 336 343 351 352 354
357 358 359

374

INDEX.

MESSAGES FROM THE GOVERNOR. .....12 13-32 33 37 53 63 117 129 131 132 142
170 193 203 to 204 210 233 227 231 to 238 238
239 254 255 273 346 MISCELLANEOUS-
A bill to regulate the sale of seed cotton .........................60 213 A bill to repeal an Act to declare the conditions on which
foreign corporations may hold land in this State .......148 18l .........185 186 192
Requiring grants to certain lands to be issued................... 206

MISCELLANEOUS CORPORATIONS-
A bill to incorporate Spring CreeK Canal and Improvement Company..................................................218 238 249
A bill to incorporate Chattahoochee Navigation Company, .................................................................285 312 334
A bill to amend the Charter of Hawkinsville ...........196 226 252 A bill to amend the Charter of Canton ....................196 240 251 A bill to amend the Charter of Talbotton .................261 308 340 A bill to e.mend the new Charter of Atlanta .............261 299 339 A bill to amend the Charter of Macon .............261 308 340 341 A bill to amend the Charter of Perry.....................280 309 327 A bill to incorporate Sumner in Worth county .......283 311 335 A bill to amend the Charter of Perry.....................284 327 340 A bill to authcrize the town of Elberton to issue bonds...284
310 322 A bill to confer police powers on Augusta over her prop
erty at the head of canal.. ...................................283 311 329 A bill to amend an Act extending the limits of Aogu&ta
284 310 322 A bill to exclude certain lands from the corporate limits
of Summerville.................................................. 283 311 335 A bill to authorize the Mayor and Council of EatontQn to
establish school system ...................................280 308 324 A bill to amend the charter of Waycross................ 284 309 328 A bill to incorporattl the town of Chipley................284 311 325 A bill to amPnd the charter of Cuthbert................. 284 311 341 A bill to amend the charter of Butler...........................284 313 A bill to incorporate Salt Springs, Douglas county...284 309 341 A bill to incorporateClarkston, in DeKalbcounty...284 311 341 A bill to amend the charter of Newnan .................285 311 335 A bill to amend the eharter of Americus ..........286 308 331 336 A bill to amend thecharter of Americus................286 310 332

INDEX.

375

A bill to authorize Savannah to construct drains in streets and alleys...............................................286 310 330

MUNICIPAL CORPORATIONSA bill to further protect incorporated citi~, etc.................. 153

ORGANIZATIO~-
Called to order b~ Hon. W. A. Harris, Secretary............. 3 Roll call.......................................................................... 3 Quorum pr('sent.... ................ ..... ...... ...... ... ... ...... ...... ...... 3 Prayer by Rev. D. Shaver, D.D....................................... 3 Senators-elect qualified.................................................... 3 Oath administered by Hon. C. J. Wellborn....................... 3

PENITENTIARY-
A bill to abolish the Penitentiary physician, and for other purposes......... . ... ...... . . . . ......... ......... ................ . . . . . 60

PETITIONS AND MEMORIALS-
Of Mr. Falligant, of Savannah .......................................... 157 Of the State Agricultural Society............................... 186 190 Of Ladies of Lumpkin county.......................................... 207
POLICE~1EN, PATROLS, ETCA bill to regulate the powers of policemen in making arrests, keeping order, etc.....................................153 214

PRACTICE-
A bill to provide an additional mode offoreclosing mortga. ges on personalty......................... . . . . ...... ... .. ... .. .... . ... .. 51
A bill to require plaintiffs to pay cost in advance in certain cases....................................................................60 168
.A bill 'to prevent the abatement of certain letters, testamentary, etc....................................................................... 157
A bill to prescribe the manner of removing citations for settlement for or against administrators, etc., from one county to another............................................................ 186
A bill to amend the garnishment laws of this State as to answers of garnishes..............................142 160 .225 240 241
A bill to repeal an Act exampLing wages of day laborers, etc., from garnishment ................................142 213 225

376

INDEX.

PUBLIC PRINTING-ORDEREDTwo hundred copies of Governor's Message................... 33 One hundred copies of the Standing Committees............... 59 A LegiMlative Manual. ............................................. 61 62
QUALIFICATION OF SENATORS-
Qualification of Senators elect, present.............................. 3 4 Qualification of Hon. P. W. Meldrim................................ 50
RAILROAD COMMISSIONERS, ETCA bill to prohibit the R\ilroad Commissioners from taking fees in certain cases................................. 180 185 217 220 A bill to prescribe the salary of Secretary ot the Railroad Commissioners......................................................... 248
RAILROADSA bill to require Railroad Co's., to furnish warehouses, agents, etc....................................................... 51 245 248 A bill to prevent running excursion trains on the Sabbath day ...................................................................... 131 A bill to amend an Act to regulate freights and tariffs etc..................... . ....................................141 172 181 194 A bill to require Railroad Co'!!. to fence their tracks............ 149 A bill requiring R'\ilroad Co's. to return property for county taxation ........................................................ 153 A bill to define the status, etc., of all foreigh Railroad Co'P., etc....................................................153 167 172 223 A bill relating to the formation of corporations, by pur chasers of Raihoad~, etc..................................... 153 182 185 A bill authorizing Railroad Agents to correct overcharges in freights................................................... 159 225 A bill to prescribe the manner of regulating and applying the Railroad Commissioners' schedules of freights etc................................................................... 241J A bill to incorporate Metropolitan Street Railroad Company................................................ 265 307 322 323 345 347 A bill to amend the charter of South Side Railway Company.................................................................. 280 307 327 A bill to incorporate the Georgia, Alabama and Tennessee Railroad Company........................................................ 281
REGISTRATIONA bill to amend the registration law of Savannah....... 245 258

INDEX.

377

A bill to provide for the registration of all voters in this...... State........................................................................... 158

REPORTS OF COMMITTEES-
Of Committee to select a Chaplain .................................. 708 Of Committee to inform Governor of the organization....... 10 Of Committee on officers to be elec:ed..................... 38 40 49 Of Committee on inaugural cerf'monies......................... 42 Of Commit-ee to inform Mr. Stephens of his election, ......
etc........................................................................... 43 Of Committee on adjournment from the 6th to 9th inst.. 44 45 Of Committee on Rules.......................................... 46 47 56 Of Committee on Rules for Joint Sessions......................... 61 Of the General Judiciary........................ 117 118 131 135 136
140 151 166 176 184 197 198 212 222 224
228 276 299 305 Of the Committee on Military affairs............................. 277 OfCommitteeon Railroads............ l67 169-70 182 224 241 242 OfConmittee on Penitentiary.................................... 319 321 Of Committee on Agriculture.................. 160 184 203 211 212
255 256 257 317 Of Committe on Education ............................... 223 262 316 Of Special Committee on Early Adjournment...... 176 177 178
179 198 203 Of Committee on Enrollment...181 219 252 260 301 304 326-27
334 350 352 353 355 358 359 Of Committee on Banks................................................. 297 Of Committee on Academy for the Blind .......................... 205 Of the Special Judiciary Committee.............. 210, 257, 278,
295-96-97' 306. Of the Committee on Journals......... ~ ............................. 364 Of the Committee on Corporations ......221 251 252 279 301 302
303 304 306 328 333 347 Of the Committee on Finance.................. 227 228 250 264
265 287 305. Of the Committee on the Deaf and Dumb Institute...... 229 230 Of the Committee on Public Property .............................. 231 Of the Committee on Temperance.........................277 297 299 Of the Committee on Internal Improvements ............. 279 300 Of Committee on State Library ...................................... 300 Of Conference Committee on Tax Bill.............................. 349 Of Committee to inform Governor that the General Assem-
bly is ready to take a recess........................................ 353

378

INDEX.

RIVERS, CREEKS, ETc-
A. bill providing passage-ways for fish in the streams of this State.................................................................. 173

RESOLUTIONS-SENATE.
Directing Secretary to inform House of Senate organization 6 Tendering seats to reporters of the prePs........................... 6 Appointing committee to select and propose a Chaplain... lj Appointing a committee on Rules for the Senate............... 7 Tendering a seat to Hon. L. W. Grant, of Alabama......... 7 Appointing Joint Committee to inform Governor of or-
ganization................................................................... 8 Fixing hours of meeting and adjournment........................ 9 Appointing Committee on Redistricting the State..........lO 11 To open and publish election returns................................ 12 Adopting rules for General Assembly .............................. 13 To print 200 copies Governor's Message........................... 33 Requesting the State Librarian to furnish the new Code
to Senators............................... ... ............. .. ....... .......... . 34 Providing a Joint Committee to inform Hon. A. H. Step
hens of his election, etc............... ..... ......... ......... ......... 36 Tendering seats to Hon. Weir Boyd and others............... 37 To discontinue the suit of the State vs. W. & A. R. R. Co.. 40 160 Providing an adjournment of the Senate from 6th to 9th
instant...................................................................... 40 41 Granting use of Senate chamber for divine service.......... 41 Tendering a seat to Hon. Jas. H. Blount, M. C................. 41 Tendering a seat to Col. B. M. Blackburn .......................41 42 Convening a joint session for the Inauguration................. 43 Substitute for report on adjournment for three days........... 45 Referring a portion of the report on officero to be elected to
the Judiciary Committee.............................................. 49 Tendering seats to Hon. W. A. Hawkins and others......... 51 Proposing to allow House Committee on Agriculture the
use of Senate chamber.................................................. 58 To print 100 copies of the Standing Committees................ 59 Requesting the President to appoint a Committlle of seven
on Temperance............................................................. 59 Tendering a seat to Hon. H. F. M. Byrd........................... 60 Tendering a seat to Col. Geo. L. Bell............................... 60 Instructing the Committee on Education to enquire and
report on the policy of compulsory education................. 61 Tendering a seat to Hon. Hamilton McWhorter................ 77 Tendering seats to Hons. A. T. Hackett and R. J. McCamy 90

INDEX.

379

Tendering a seat to Bon. 0. F. Crisp ................................ 90

Tendering a seat to ex-Senator F. M. Duncan .................. 108

Tendering a seat to Bon. G. W. Bryan ............................. 117

'tendering a seat to Col. T. P. Littlefield ............................ 117

Relating to United States aid to general education ............ 131

Tendering a seat to Mr. Geo. C. Grogan ............................ 132

To fix the order of election for United States Senators....132 133

Tendering seats to Hons. Seaton Grantland and Thos. B.

Cabaniss....................................................... ......... ...... 134

Tendering a seat to Hon. P. 8. Barney.............................. 135

Tendering seats to Hons.W. T. Revill, J. B. Cumming and

W. E. Simmons .......................................................... 136

Tendering seats to Hons. J. H. Blount, Neal McLeod, W.

A. Post, R. D. Render and Frank Chambers...............140 141

Relating to the election of a Jud~e and Solicitor-General

of the Northeastern Circuit........................................... 141

Relating to obstructions in the Savannah river ............149 150

Providing for the election of a Judge and Sol. Gen'l for the

Northeastern Circuit...............................................152 155

Relating to an advance on salary of Peter McMichael and

other employes of the Senate......................................... 154

Inviting Gen. Fitzhugh Lee and Rev. J. Wm. Jones to

seats in the Senate...................................... 156

Rela~ing to transfer of criminal cases from State to Federal

Courts........................................................................ 159

Relating to a mail route from Trader's Hill, Ga........... 159

Tendering a seat to Hoa. A. D. Candler............ . . ~ .. 160

Relating to reprieves by the Governor .................... 160

Requiring the Com. of Ag. to furnish an item;zed state-

ment of expenditures.................................. 161

Tendering seats to Miles Maak, Esq., and others.............. 167

Authorizing an advance on salary of pages ................ 168

Tendering a seat to Hon. B. B. Hinton ........................... 170

Providing for the election of a Judge of Atlanta Circuit...... 172



Requesting Gov'r to furnish rifles to West Ga. Ag'l College at Hamilton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
Relating to the case of Mitchellet al. vs. J. M. Nace..173 174 175

Tendering a seat to Hon. F. C. Furman.......................175 176

Tendering a seat to Bon. 0. A. Locbrane........................ 182

Tendering a seat to Hon R. T. Fouche .............................. 182

Tendering a seat to Hon. H. D. McDaniel.............. 182 183

Tendt>ring a seat to Hon. W. B. Dent............................... 183

'rendering seats to Hon. Hugh Buchanan and Hon. B. F.

Payne......................................................................... 195

380

INDEX.

Fixing the time for the recess of the Gen'l Assembly..... 206 215 220
Tendering seats to Hons. .T. H. Turner and W. T. Wofford ............................ .................... 207
Tendering a seat to Mr. W. H. Tibbs..........................212 213 Tendering a seat to Hon. L. N. Whittle........................... 213 Requesting enquiry as to the killing of Munro F1ederick... 213 Tendering a seat to Hon. J. L. M. Curry ........................... 213 Tendering a seat to Gen. Phil. Cook ................................. 216 Tendering eeats to Mr. A. H. Powell and Hon. J. B.
Fielder......................................................................... 218 Providing an adjournment for Thanksgiving................218 219 Tender.ng seats to Hon. W. R. Mu~tin and others ....... 221 Authorizing an advance on salary of the Gallery Keeper 226 243 Tendering a seat to Rev. M. B. Wharton ........................... 227 Tendering a seat to Hon. E. L. Brinson .......................... 2~7 Requesting the Joint Committee on Penitentiary to make
an investigation as to violation of contracts by lessees of cor.victs....................................................................... 242 To furnish convicts to theM. &N. G. R. R. Co................. 243 Providing a joint committee to visit and rPport on the Academy for the Deaf and Dumb........................ 243 To provide a committee on the Road Laws of theState.243 316 Tendering seats to Hon. W. W. Cannon and J. W. Green. 247 Authorizing the Committee on Redistricting the State to sit during the recess.............................................247 255 269 RPiating to the erection of public buildings by the U.S. at Brunswick ................................................................. 247 Tendering a seat to Hon. Wm. Gibson ............................. 258 Requiring the Clerk Superior Court of Fulton County to furnish a transcript from the record in the case of Mitchell et al f18. Nace.................................................. 253 Tendering a seat to Hon. Horace Wilson, of0hio.........261 262 Tendering seats to Hon. John P. Sllannon and others...... %68 Relating to continuance of the suit of the State vs. W. & A.
Lease Company............................................................ 27i. Relating to errors in the new Code, etc............................ .27'1
Requesting our Senators and R,pre3en tati ves in Congress to ' use their efforts in behalf of the Reagan bill or other like measure................... . . . ...... ...... ... ... ... ... ....... . . . ...... ...... 312;
Relating to the Sesqui-Centennial at Savannah ........ 312 Tendering a seat to Hm. T. .T. Lyon ...................... 314 Tendering a seat to Maj. W. F. Slaton........................... 314 Tendering a seat to Hon. Frank Clark...................... 317 Requiring Secretary of Senate to furnish a copy of the
i

INDEX.

381

report ofCommittee on Penitentiary to the Governor and

Principal Keeper. . . ..... ... ... ... ....... .......... . . ........ . . . ... 321

Tendering a seat to Col. H. H .Tones............................ 322

Authorizing .Tackson T. Taylor to revise the Senate .rournal

after adjournment.................................. . ........ ...... 347 348

Relating to passage of House bill to chltnge the term

of holding Superior Court for Pickens county................. 348

Fixing the hour for adjournment for recess...................... 353

Of thanks to Hon .r. S. Boynten, President...................... 354

Ofthanks to Hon. W. A. Harris, Secretary, and Hon. H.



H. Cabaniss, ABBistant Secretary.................................... 354

t--~~.,---Qftlranklf to the several railroad managers for courtesies.. 355

Ofthanks to Hon. L. M. Alred and A .r. Cameron ........... 357

Of thanks to .rackson T. Taylor and others. ............ ......... 367

Of thanks to Rev. .rohn .Tones,' D. D., Chaplain................. S57

Of thanks to reporters of the preBB.................................. 357

Of thanks to the pages of the Senate and porters.. ....... 358

RESOLUTIONS-HousE-

To inform Governor of organization................................S 9

To inquire and report the officers to be elected by this Gen-

eral Assembly.................................... ;.......................11. 12

Providing for the inaugural ceremonies............................. 34

\.

Fixing the time for election of .Judges, etc......................... 46 Correcting an error of date in the report of the Committee

on elections to be held ................................................... 107

Relating to election of U. S. Senators............................... 133

Authorizing .rackson T. Taylor tQ index the .Journals........ 155

Relating to an early adjournment.................................... 156

Appointing a Committee to attend the celebration of the

landing of Oglethorpe at Savannah .........................242 243

Relating to the repeal of the U.S. tax on State banks........ 243

Relating to the repeal or modification of the revenue laws, 243

Relating to national aid to education........................... 245 263

Relating to claims for cotton seized by the U.S. Govern-

ment during the war.......................................... 245 246 258

Providing for a life-size oil painting of Hon. B. H. Hill,

deceased .............................................................282 312 337

Authorizing the publication of the Public Acts of the

present session.........................................................282 323

Providing for distribution of the Code of 1882......... 282 313 314

316 329 354

Authorizing the President of the Senate and Speaker of

the House to sign bills after adjournment..................282 312

\

ltJ

i-.

:r.n:u:~

t

Appointing a Join' oomlttee to eDllliae tbe new Cod..... 812
-Appohltt.-g a Joint CommJ~ to visit and ualllli~~ot tbe '

Lunatio 4J!ylum during.~ ...................................... 112

Appobatiac a Joint Committee to Inform tbe Gov.raor

that&.:recleiiB bad been l'ellolYed upon..............;...............-886

Antbrising, tbe Goveraor to have speolmeua of Georgla

M- prodae18 oolleeted for and forwarded ti. the BallloD .Ex-

pc.itloa...~ ..................................................- ......

838

D.lreoUq the State Librariall to ship the Code te .certala'

deslnat.ed oftloen..........................................- .........""' 352

.ROAD LAWS-

----~..-.....,;

A bUI to exem}K the OPUDiy of Worth from oerWa 8ad

Jaw ......................... ~.._ 810 812 :

8ALARIJ'.!3-



A bill.~ pnecrlbe tbeMlarles of J. . . . of tbeSUpellor aud
Supreme Courts.........................-.......149 161 172 lMB 144 J63

BEATS-

'

Drawn for..............................................,..._, .........:.... _, 6

T.AXLAWB-
A 'bill to provide AllDIS of tau.ble property iD Meh, . OOUJ1&7u""'""""~" ""'""""""__,., """"'"'"'""'..,.."'- 180
A bill reqWrlDg owners of timber and min..t illtAhBta in
land to give the ame in for taxa&ion .....-'j'--;;......-: 2,..

TAX LAWS-

.

.

~

A blll to levy and oiilleet a tax for the support of the Gov-
ernment, etc.................................21i0 286 288-29t 1118 887 844 .
A blll to utead the time for retamiDg wlld land8 for ta.Xa-
tlon~......- ...............................................-....2fi8...112 _I

TOWN: COMMONS-

,

i

.A,fin to amend an aot v-.tD&- tit! to the Commons of .

. Oola~ba8 .........._.........,.....................................266 aOe Ml .

WILD J.~-

.

Atln to repeal &If~ reqairlnc a record of ill \he coun-

ties~ they ne:.....-......................................... ...et IUS

Wl'J.'NE88-

'i

A bUUo provide PQ' for wttaeS.eslil arimlnal eaHB Ia Ba.o

I
1

....or Coarlil.........:..................- ............................;.181 HI

'J.,,

I '1

~-

., I